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bowens44

How to bring wifes son to the US

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First , I am not married yet. My fiancee is going to be interviewed very soon. My question is about her son. He wants to finish school in the Philippines before coming to the US. this will be a few years from now. How could get him to the US? I was under the impression that it would be rather easy until he reaches the age of 21, now after reading a little I'm not so sure.

Is it easy to do. Can I petition the son of my spouse until age 21?

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As a step-parent, you can only file for your step-son if your marriage to his mother happened before his 18th birthday.

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It's important that you file the i130 BEFORE his 21st birthday so that his age freezes and will be processed as an immediate relative under IR2/CR2 category.

If the i130 is filed on or after his 21st birthday, he will wait a decade to immigrate.

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Thanks for the replies. Is sounds like we will be ok. He will be 17 when we get married and 20 when he finishes school.

Hi,

As long as you marry before his 18th birthday, you can petition him. Make sure that you file the I-130 before his 21st birthday. If the I-130 is received after his 21st birthday, he will be in the F1 category which takes 7 years for a visa.

Best of luck.

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