Bringing a child from outside of the us...

[payxibka 10,044]

I need help. I am a US citizen and my husband is currently in the process of the AOS. My question is:

My husband's son (my stepson) would like to come live with us. He is turning 18 in September so we were married before he turned 18 and therefor is legally my stepson.

What is the fastest and least expensive way to get him here?

Thank you,

Jamie

What about that "following-to-join"? Would that take longer?

Yes FTJ would be simpler but not cheaper, you need to contact the consulate about the K-2 visa. FTJ needs to be done within 1 year of the K-1

But would I have to wait until my husband has the green card before I can apply for the ftj?

NO, why do you think so? It would be based on the already approved I-129F.

Well because it says

•Form I-824, Application for Action on an Approved Application or Petition

•A copy of the original application or petition that you used to apply for your immigrant status

•A copy of the I-797 Notice of Action for your original application or petition

•A copy of your alien registration receipt card or I-551

•Proof that the child meets the appropriate criteria for Following-to-Join Benefits

He doesn't have an alien registration receipt card or I-551...I thought that was something that he got when he became a permenant resident...

No, the FTJ is based on YOUR already approved I-129F (I assume the child was origianlly listed on the form when you filed initially)... Your alien husband is NOT the petitioner... because it is NOt his petition nor should a NEW petition be needed....

Edited April 25, 2009 by payxibka