Bringing wife's son

[C4Racer]

Okay. If my wife had permission to bring her son with her back in 2005, it would have been easy. Just add K2 and wahlah. It is my understanding that there is a time limit of one year on K2 visa.

 

So here is the situation.

March 2005 wife gets K1 visa. We file that her son does not come with her. We get married in the US at the end of March 2005.

 

Now July 2007 my wife thinks she can get permission from his father's family for her son to come live with us.

 

So questions are:

 

Am I right about K2 having a time limit of one year?

 

Where to we start?

 

What do we file to bring him to US?

Edited July 6, 2007 by C4Racer (see edit history)

[Randy W]

Okay. If my wife had permission to bring her son with her back in 2005, it would have been easy. Just add K2 and wahlah. It is my understanding that there is a time limit of one year on K2 visa.

 

So here is the situation.

March 2005 wife gets K1 visa. We file that her son does not come with her. We get married in the US at the end of March 2005.

 

Now July 2007 my wife thinks she can get permission from his father's family for her son to come live with us.

 

So questions are:

 

Am I right about K2 having a time limit of one year?

 

Where to we start?

 

What do we file to bring him to US?

 

 

Yes you are correct. I think from here that you file an I-130 for your child (for immigration purposes, she is your child, since she was under 18 when you married). This would be similar to (or maybe actually IS) a CR-2 visa.

Edited July 6, 2007 by Randy W (see edit history)

[C4Racer]

Okay. If my wife had permission to bring her son with her back in 2005, it would have been easy. Just add K2 and wahlah. It is my understanding that there is a time limit of one year on K2 visa.

 

So here is the situation.

March 2005 wife gets K1 visa. We file that her son does not come with her. We get married in the US at the end of March 2005.

 

Now July 2007 my wife thinks she can get permission from his father's family for her son to come live with us.

 

So questions are:

 

Am I right about K2 having a time limit of one year?

 

Where to we start?

 

What do we file to bring him to US?

 

 

Yes you are correct. I think from here that you file an I-130 for your child (for immigration purposes, she is your child, since she was under 18 when you married). This would be similar to (or maybe actually IS) a CR-2 visa.

 

Thanks. That was my guess. Any idea how long this would take?

Edited July 6, 2007 by C4Racer (see edit history)

[Randy W]

I would tell you to check out the CR1/2 timelines. I'm not sure if filing for the child separately would be quicker. Lee's knowledge would be helpful here. Try PM'ing him in case he misses this thread.

[warpedbored]

Since the child is under 21 there is no numerical limit for sons or daughters of US citizens. I am not sure however that you can file as a parent. Lisa may have to. You need to file an I-130 either way. Here are the processing times. at CSC. NSC isn't processing them anymore.

 

 

I-130 Petition for Alien Relative Permanent resident filling for a spouse or child under 21 January 01, 2005

 

Petition for Alien Relative U.S. citizen filing for a spouse, parent, or child under 21 December 13, 2006

 

From what the USCIS website says it looks like you can file for the child Mike.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Definition of a Child

The immigration law defines a ¡°child¡± as an unmarried person under the age of 21 (a minor) who is

 

A child born to parents who are married to each other (born in wedlock)

A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18

A child born out of wedlock (the parents were not married at the time the child was born). Note: If the father is filing the petition, proof of a bona fide (real and established) relationship with the father must be supplied.

An adopted child if the child was adopted before the age of 16 and has lived with the adoptive parent(s) in their legal custody for at least two years

An orphan under the age of 16 when an adoptive or prospective adoptive parent files a visa petition on his or her behalf, who has been adopted abroad by a U.S. citizen or is coming to the U.S. for adoption by a U.S. citizen, or

A child adopted who is under the age of 18 and the natural sibling of an orphan or adopted child under the age of 16, if adopted with or after the sibling. The child must also otherwise fit the definition of orphan or adopted child

Edited July 6, 2007 by warpedbored (see edit history)

[Randy W]

Since the child is under 21 there is no numerical limit for sons or daughters of US citizens. I am not sure however that you can file as a parent. Lisa may have to. You need to file an I-130 either way. Here are the processing times. at CSC. NSC isn't processing them anymore.

 

 

 

 

Lisa can file for her daughter as the child of an LPR. Mike can file for his child as the child of an American citizen.

A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18

This means that she is considered the child of an American citizen for immigration purposes as long as they married before she became 18.

 

This is the same relationship that allows an American citizen to file a CR-2 for the child of his foreign spouse (I-130) when he files a CR-1 for his wife.

Edited July 6, 2007 by Randy W (see edit history)

[LeeFisher3]

As best as I can tell the regular timelines for CR1 would be the same for bringing your son to the US. If he would be under the age of 16 by the time the visa is issued it is possible you could have less processing time due security checks being limited on children.

 

BTW call the state board and they mailed my wife her license today after we cleared up a mistake on their end.

[eseum]

You can file for the child under the I-130. It will take approximately one year. I have a similar situation to yours. My wife's ex would not let her daughter come with us on the I-129 that I filed for my wife (we married in China prior to starting the visa process).

 

Shortly after my wife came to America in April of 2006, she found out that her ex had changed his mind. I filed the I-130 for our daughter in August of 2006 after I had a certified/translated document from her father stating that he would let her come to America. She was 15 when I filed and is now 16.

 

Everything went quickly at first. NVC sent the papers to the Consulate in March of 2007. They languished there until last week. Our daughter was sent the P4 with an interview date of August 22nd.

 

I am in the process of making sure that she has everything for the interview. Hopefully she will get the visa and we can bring her here shortly after the interview.

 

Your wife can also file if she has had AOS completed. My wife had her AOS completed just after I submitted the papers. Since she had received an interview date for her AOS we could not use the K-2.

 

Hope this helps.

[C4Racer]

As best as I can tell the regular timelines for CR1 would be the same for bringing your son to the US. If he would be under the age of 16 by the time the visa is issued it is possible you could have less processing time due security checks being limited on children.

 

BTW call the state board and they mailed my wife her license today after we cleared up a mistake on their end.

 

He is now 12. So should 13 by the time of visa issue. She talked with his Grandfather last night. Seems we will have permission to bring him to live with us. I have enough time to beat the higher filing fees!!

 

Also, does his mother need to attend the interview with him or can he be accompanied by any family member, like Lisa's brother?

 

Glad to hear everything was cleared up with her license. Lisa is waiting to hear from the Oregon board as to her test date.

Edited July 7, 2007 by C4Racer (see edit history)

[Randy W]

When we were there for our son's interview, another kid was given a blue slip because his parents weren't there.

 

Another CFL member's child was given a blue slip because his parents had been denied entry by the guards. Fortunately, he was able to explain what had happened and get the blue slip turned to red the same day.

[C4Racer]

When we were there for our son's interview, another kid was given a blue slip because his parents weren't there.

 

Another CFL member's child was given a blue slip because his parents had been denied entry by the guards. Fortunately, he was able to explain what had happened and get the blue slip turned to red the same day.

 

I figured this would be the case. Do we both need to be there or is just his mother okay?

[Randy W]

When we were there for our son's interview, another kid was given a blue slip because his parents weren't there.

 

Another CFL member's child was given a blue slip because his parents had been denied entry by the guards. Fortunately, he was able to explain what had happened and get the blue slip turned to red the same day.

 

I figured this would be the case. Do we both need to be there or is just his mother okay?

Of course, it's up to the VO, but I would think just his mother would do.

[C4Racer]

Alright, more stupid questions.

 

Looking at the I-130. The following is all I need to file for step-child.

 

1. Our marriage certificate (establishing step-relationship)

2. My divorce decree

3. Her divorce decree

 

Seems kind of minimal after having seen what they put Mike and Xiao's son through.

 

Should I also include some documents to show his mother and I have a bonafide relationship?

I was thinking:

 

1. Quick claim deed showing joint ownership of our home.

2. Car registration showing joint ownership.

3. Financial documents showing co-mingling of assets.

3. Birth certificate of our son.

Edited July 8, 2007 by C4Racer (see edit history)

[C4Racer]

I know about the signed letter from his father, stating it is okay that he immigrates. This is the first I've heard of a certificate of being a step-parent. Is it just a notarized letter from wife or is an actual form?

[LeeFisher3]

I know about the signed letter from his father, stating it is okay that he immigrates. This is the first I've heard of a certificate of being a step-parent. Is it just a notarized letter from wife or is an actual form?

The step child relationship is proven by your marriage certificate and the child's birth certificate. This proves the child is the natural child of your wife and your marriage occurred before the child was 18.

 

I don't believe there is any specific form from USCIS, but if you feel you need something you could have an affidavit created that states the facts mentioned above and declares the step child relationship. Personally, I don't see any need to do this.

 

The I-130 is only asking you to prove the relationship exists.

 

GZ has the full authority to ask for a DNA test regardless of anything else. IMHO GZ overstepped it's authority asking for proof of marital relationship as the USCIS had already ruled on it, but knowing this I would be sure to have this other evidence in GZ at the time of interview. Him having your passport at the interview would probably remove the line of questioning completely.