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Filing for my 3 year old stepson - before I file for his father

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My husband (visiting on an artist VISA) and I (US Citizen) have been married since feb 2010, we have not filed his papers yet due to financial issues. We are in desperate need to get his son here ASAP and have decided to deal with getting him here first. How can I get this done - Thank You

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How can she file for the child if the father is not here on an immigrate visa. The posted stted that the father is on a work visa(Artist).

Where in the I-130 does it say that the Alien parent needs to be in the US or have a petition filed for them also?

IIRC, the instructions just require that the USC prove there is a petition-able relationship...

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Where in the I-130 does it say that the Alien parent needs to be in the US or have a petition filed for them also?

IIRC, the instructions just require that the USC prove there is a petition-able relationship...

Someone will have to prove they have the right to have physical custody of the child. If the step-parent does not have the right, then I do not see how this visa will be granted.

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Someone will have to prove they have the right to have physical custody of the child. If the step-parent does not have the right, then I do not see how this visa will be granted.

That would come at the NVC Stage. But the OP hasn't indicated what the custody arrangements are for the child. I agree that this will probably be a sticking point as Step Parents have no legal rights to the step child in the US and since the father is on a non-immigrant Visa it would look strange.

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an I-130 for the child results in a CR-2 derivative visa. Usually, this is a DERIVATIVE visa, based on a CR-1 for yer spouse, that child's parent. A CR-2 is possible because the child DERIVES status from the father, with a concurrent CR-1 case in play through USCIS/NVC/US Embassy. Emphasis on 'concurrent' here.

You've nothing in play on the father, at the moment.

You may want to consider , intead, filing two I-130's for the husband and his son, to be processed at NVC as well, then yer spouse goes back to his country, interview with his child on the same day at a US Embassy.

Sure, it's more paperwork, more hassle, but as is? He has no 'status' for YOU to file anything on behalf of the child, for now.

IF you submit an AOS case, though, on yer husband, then after the AOS is approved, is POSSIBLE to ask for, and get, an expedited I-130 for the child (expedite asked for on initial I-130 submittal).

Good Luck !

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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Also, due to your financial issues if the petition is approved you will not be approved in Jamaica because you will have to prove to have made sufficient income to support both yourseld, child and husband. They refer to last years tax information for this. If I were you, I would make surethat your income fall within the poverty guidelines for a family of three. Then go from there, because worst case scenario you would need a co-sponsor. Cross all you t's and dot your i's before you begin this long journey. Good Luck!!!

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