I-130 petition for wifes adopted son

[rondrum42]

The problem we have now, is that she petitioned to bring her adopted 18 year old son here, (i-130)

 

and it was rejected due to lack of proof that they lived together for more than two years. He lived with her

 

and her father most of his life. Li came to America with me, the son stayed with her father, but he has since

 

passed away, and the boy wants to come live here with us now. What can we do?

 

Someone told us if we go for the appeal, it could take 3 years! They also said that it may be best to

 

re-petition for him, but have me be the petitioner this time and not my wife?

 

Is there any way to do this, and not have it take forever? Please help.....Ron Meldrum

[dnoblett]

Sounds like your marriage took place prior to 18th birthday, so yes you should be able to file a petition for him based on a step parent relationship, this will get a visa under the unlimited class, no waiting for a visa number.

 

However you still have the burden of proof showing having lived together 2+ years.