How to apply for a Visa for my stepson?

[Zhen's Tiger]

How do I go about filing for a Visa for my son-in-law? He was originally on the I-130 years ago, which has since been dropped/expired as the K-3 was much quicker for them. Anyway, in the end when it was time for the Interview, he didn't want to come here & decided not to interview.

 

Now he wants to come, which is great, but I'm not sure how to go about it... I'm thinking I just file a new I-130, but this time it would be for a son, instead of a wife. I believe the US sees him as my son, correct?

 

Anyone know how to do this? Is it possible or am I thinking wrong... Thanks!

 

Steve & Zhen

[dnoblett]

Yes you will be filing a petition for your step-son.

 

Two requirements:

1. The marriage that made him your stepchild happened before his 18th birthday.
   
2. He must less than age 21 at the time of entry to the USA on the visa.
   

You file the I-130 just as you would for a spouse however you dont need to provide any G-325A forms. You will need to provide evidence that he is your step child (Birth cert, and marriage cert)

 

MORE: http://www.visajourney.com/forums/index.ph...p;page=childpet

[Randy W]

Yes you will be filing a petition for your step-son.

 

Two requirements:

1. The marriage that made him your stepchild happened before his 18th birthday.
   
2. He must less than age 21 at the time of entry to the USA on the visa.
   

You file the I-130 just as you would for a spouse however you dont need to provide any G-325A forms. You will need to provide evidence that he is your step child (Birth cert, and marriage cert)

 

MORE: http://www.visajourney.com/forums/index.ph...p;page=childpet

 

 

LPR's may also file for their children (in case he was over 18 when you married), but the wait is in the 5 to 10 year range.

 

I believe the Child Status Protection Act freezes his age at the time of filing, or at the time the visa number is available (if child of LPR) (NOA2)

In these cases, the beneficiary's age will be locked in on the date that the priority date of the visa petition becomes current, less the number of days that the petition is pending, but only if the beneficiary seeks to acquire the status of an LPR within one year of the date the visa became available. CSPA

Edited August 3, 2009 by Randy W (see edit history)

[Zhen's Tiger]

Yes you will be filing a petition for your step-son.

 

Two requirements:

1. The marriage that made him your stepchild happened before his 18th birthday.
   
2. He must less than age 21 at the time of entry to the USA on the visa.
   

You file the I-130 just as you would for a spouse however you dont need to provide any G-325A forms. You will need to provide evidence that he is your step child (Birth cert, and marriage cert)

 

MORE: http://www.visajourney.com/forums/index.ph...p;page=childpet

Thanks, Dan! I figured that was the case, but just wanted to make sure. Nice to know I don't need to do the G-325A again.

Edited August 3, 2009 by Zhen's Tiger (see edit history)

[Zhen's Tiger]

Yes you will be filing a petition for your step-son.

 

Two requirements:

1. The marriage that made him your stepchild happened before his 18th birthday.
   
2. He must less than age 21 at the time of entry to the USA on the visa.
   

You file the I-130 just as you would for a spouse however you dont need to provide any G-325A forms. You will need to provide evidence that he is your step child (Birth cert, and marriage cert)

 

MORE: http://www.visajourney.com/forums/index.ph...p;page=childpet

 

 

LPR's may also file for their children (in case he was over 18 when you married), but the wait is in the 5 to 10 year range.

 

I believe the Child Status Protection Act freezes his age at the time of filing, or at the time the visa number is available (if child of LPR) (NOA2)

In these cases, the beneficiary's age will be locked in on the date that the priority date of the visa petition becomes current, less the number of days that the petition is pending, but only if the beneficiary seeks to acquire the status of an LPR within one year of the date the visa became available. CSPA

And thank you too, Randy! Although we are not going this way as it would take too long, it's definately good for others to know. I'll be filing immediately hoping to be done in time for him to start the next school year on time {fingers crossed}.