Wife's son wants to immigrate to US

[visaveteran 1]

My wife's unmarried 19 year old son (he was 16 when we married in Russia) wants to immigrate to the US at this point in time. I'm thinking we must do a I-130 for him. Does he have to get in line for a visa number or not? Am I the sponsor or my wife? Any data on how to proceed is appreciated.

[slim 1,514]

Doesn't he have to go to the Army first?

[visaveteran 1]

Doesn't he have to go to the Army first?

He already did the Army tour when he was 18. Got out last November.

[Gary and Alla 3,694]

My wife's unmarried 19 year old son (he was 16 when we married in Russia) wants to immigrate to the US at this point in time. I'm thinking we must do a I-130 for him. Does he have to get in line for a visa number or not? Am I the sponsor or my wife? Any data on how to proceed is appreciated.

Do an I-130. YOU are the sponsor. He does not have to wait for a visa number, it is just like the CR-1 you did for your wife. It will be an IR-2 since you have been married more than two years when the visa will be issued and he will receive a 10 year green card. Do not wait much longer. It will take 8-12 months to process.

You proceed exactly as you did for your wife.

[mendeleev 68]

Good luck. As I understand it, you can proceed this way because your stepson is under 21. You are lucky. My stepson is too old for such good treatment. But be quick!

[Gary and Alla 3,694]

Good luck. As I understand it, you can proceed this way because your stepson is under 21. You are lucky. My stepson is too old for such good treatment. But be quick!

His step son is unmarried ("unmarried" means "Never married"), under 21 AND the parent realtionship was established before age 18. Those are the key points.

Yes, I would suggest not dealying as it can take a year to process and MUST be issued before he turns age 21.

[visaveteran 1]

His step son is unmarried ("unmarried" means "Never married"), under 21 AND the parent realtionship was established before age 18. Those are the key points.

Yes, I would suggest not dealying as it can take a year to process and MUST be issued before he turns age 21.

Gary, thanks for info. You seem to understand the process. I just want to clarify something...are you sure the step son must be 21 by the time the visa is issued? I would think it would be by the time you filed. We have a little over 14 months until he turns 21...so it's a little close.

Also, from the VJ info here's a list of want I have to include with the I-130.

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative

A copy of your birth certificate or U.S. passport

If you were not born in the U.S., a copy of either:

your Certificate of Naturalization or Citizenship or

your U.S. passport

A copy of the child's birth certificate showing the child's name and the names of both parents

A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18^th birthday)

A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse

My question is it sounds like from the 5th item that we need a copy of my wife's marriage certificate to her ex husband. Is that correct? Also, I seem to remember the father has to sign a release form that he allows his son to immigrate. True? Or is my step son old enough to bypass this step?

[visaveteran 1]

*Reposted due to crazy formatting in previous post attempt.*

Gary, thanks for info. You seem to understand the process. I just want to clarify something...are you sure the step son must be 21 by the time the visa is issued? I would think it would be by the time you filed. We have a little over 14 months until he turns 21...so it's a little close.

Also, from the VJ guide here's a list of want I have to include.

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative

A copy of your birth certificate or U.S. passport

If you were not born in the U.S., a copy of either: your Certificate of Naturalization or Citizenship or your U.S. passport

A copy of the child's birth certificate showing the child's name and the names of both parents

A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18^th birthday)

A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse

My question is it sounds like from the 5th item that we need a copy of my wife's marriage certificate to her ex husband. Is that correct? Also, I seem to remember the father has to sign a release form that he allows his son to immigrate. True? Or is my step son old enough to bypass this step?

[Neonred 3,452]

We are doing the I-130 now for my step daughter. She arrived on the K-2, but returned to Russia for university studies and because she thought she wanted to live in Russia. Looking back it was a mistake to let her leave until she got her green card. Two years ago we submitted the I-130 and just two weeks ago we received the notice that our petition has been approved and sent to NVC. My step daughter has also received a packet, and now I am preparing the I-864.

To answer your question, no you will not need her marriage certificate to her ex, just the divorce decree. Your step son is old enough to skip the fathers permission.

Just noted on our paperwork under important notes "children who pass 21 years of age after the petition was originally approved by the USCIS become ineligible to accompany or join the applicant(s) immigrating to the United States under the original petition."

[Gary and Alla 3,694]

We are doing the I-130 now for my step daughter. She arrived on the K-2, but returned to Russia for university studies and because she thought she wanted to live in Russia. Looking back it was a mistake to let her leave until she got her green card. Two years ago we submitted the I-130 and just two weeks ago we received the notice that our petition has been approved and sent to NVC. My step daughter has also received a packet, and now I am preparing the I-864.

To answer your question, no you will not need her marriage certificate to her ex, just the divorce decree. Your step son is old enough to skip the fathers permission.

Just noted on our paperwork under important notes "children who pass 21 years of age after the petition was originally approved by the USCIS become ineligible to accompany or join the applicant(s) immigrating to the United States under the original petition."

This is correct. For the I-130 he must be 21 when the visa is issued. The same is generally true for an AOS from a K-2, though there were several cases where this was challenged and courts ruled that in the case presented the child should receive a Green Card. The general advice is...get it done before they turn 21.

You can include a letter requesting an expedite due to the possibility of "age out" There is no guarantee it will help. The documents noted are also correct. Your main task is to prove you are related to the child (marriage and birth certificates) and that the relationship occurred before his 18th birthday (marriage certificate) and that the child is under 21 years old.

I do not question Neonred's experience but waiting two years for petition approval is way outside normal guidelines for the I-130 process for an immediate relative. I am helping a couple with a case very similar to what Neonred describes...child came on K-2, returned to Ukraine without AOS, now wants to come back to the USA. The child is 19 now. Current IR-2 times are running 8-12 months or so they say, but I don't know if that has any basis in reality.

[visaveteran 1]

Gary an Neonred...Thanks for the good info.

I'm a little rusty on the rules about translating documents to English (step son's birth certificate). I seem to remember who does the translating has to certify the translation is accurate blah blah. Is this true?

The good news is we have the birth certificate with us in the US, so no need to DHL, etc. But I think translation will be more here. What's the going rate? Gary, I know Alla does translation, what would she get to translate a birth certificate?

Thanks!