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tlammby

Can Conditional GC holder Co-sponsor

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I wasnt sure if this is the right place to ask this question.

I am a conditional Green card holder. My EAD was approved in Dec 2015 & GC was approved in July 2016. My wife, USC is adopting my sons (they arent in US) from previous marriage. My question is can i co-sponsor my wife since her income might not be enough for the number of household considering my sons addition. Thank you for your advise

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Are your sons Nigerian ? Nigerian law does not allow non Nigerians to adopt a Nigerian child and I am unaware of any exception for spouses.( the law is specific that both adoptive parents must be Nigerian ) You may end up with a adoption that will be invalid for immigration purposes.

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I wasnt sure if this is the right place to ask this question.

I am a conditional Green card holder. My EAD was approved in Dec 2015 & GC was approved in July 2016. My wife, USC is adopting my sons (they arent in US) from previous marriage. My question is can i co-sponsor my wife since her income might not be enough for the number of household considering my sons addition. Thank you for your advise

you can petition your sons yourself and your wife can be your cosponsor

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As the USC stepparent, your wife can file for your unmarried children under age 21. Your children would be considered her Immediate Relatives, and it will take about 12 months for them to get immigration visas. Your wife as the petitioner/sponsor would file an I-864, and you can file an I-864a as her Household Member so your income is combined with her income.

If you, the green card holder, file for your children, it will take 2 years for your children to get immigration visas. You would file an I-864 and your wife would file an I-864a to combine your income.

There is no need for adoption to petition for them as stepchildren.

If you can't do the adoption in Nigeria, you can always do it in the US after your children immigrate to the US.

Edited by aaron2020

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