Is it really that easy?

[412 0]

My wife is about to file a petition for her under-aged son to get an immigrant visa, and I am looking at this page: http://www.visajourney.com/content/childpet

There it says the following:

If you are a lawful permanent resident applying to bring an unmarried, minor child or an unmarried son or daughter to the United States to live and you are the mother of the child, you must file the following with the U.S. Citizenship and Immigration Services:

• Form I-130, Petition for Alien Relative
  

• A copy of your alien registration card

• A copy of the child's birth certificate showing your name and the child's name

• If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

After going through K-1 process, this seems too easy. Did I understand everything correctly?

As always, enormous thanks for all your help, VJ friends.

[YuAndDan 153]

Question: How old was under-age son when you got married?

If less than age 18, then the US Citizen should be filing I-130 for step child.

If age 18 or older then biological parent needs to file I-130.

DO SO before age 21, filing I-130 before that date will preserve their age with regards to immigrations.

Edited January 26, 2011 by YuAndDan

[412 0]

I do not think I can file for him (he's 12 BTW). I am technically not related to him, he is not adapted by me, but he is my wife's son. Shouldn't she file?

Thanks for your answer, Daniel!

[NigeriaorBust 4,087]

If you married the mom before he was 18 you are a STEP father and can petition use the I130

Edited February 3, 2011 by NigeriaorBust

[misterbigtoe 45]

I do not think I can file for him (he's 12 BTW). I am technically not related to him, he is not adapted by me, but he is my wife's son. Shouldn't she file?

Thanks for your answer, Daniel!

The following from the USCIS Website. Link to complete page is below.

Bringing Children, Sons and Daughters to Live in the United States as Permanent Residents

The age and marital status of your children are important factors in the immigration process. For immigration purposes, a "child" is defined as being unmarried and under 21, whereas a "son" or "daughter" is defined as being married and/or 21 or over.

Eligibility Requirements

If you are a U.S. citizen...You may petition for...

• Children (unmarried and under 21)
• Unmarried sons and daughters (21 or over) - Your son or daughter's child(ren) may be included on this petition.
• Married sons and daughters (any age) - Your son or daughter's spouse and/or child(ren) may be included on this petition.

For immigration purposes, a child can be any of the following:

• A biological child born in wedlock
• A biological child born out of wedlock:
  • If the mother is petitioning, no legitimation (see the "Family Glossary" link to the right for a definition of legitimation) is required.
  • If the father is petitioning, legitimation is required in accordance with the laws of the father or child's place of residence.
  • If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child's 21st birthday and while the child was unmarried.

  [*]A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18

SEE THIS LINK

http://www.uscis.gov...000082ca60aRCRD

[412 0]

Ah! Perfect! Thanks, guys, you are brilliant!

[Aztec&Taino 144]

I hope it's okay to "piggy-back" on the OP's question, but does anybody know how long this process would take? I mean, is it months long up to a year or is it years? I think I am getting confused with the visa bulletin's preference dates. I am petitioning my fiance (K1 visa) and, in the future, we would like to petition his son (currently 6 years old). Could someone give me a time estimate?

Thank you!

[Jojo92122 1,924]

I hope it's okay to "piggy-back" on the OP's question, but does anybody know how long this process would take? I mean, is it months long up to a year or is it years? I think I am getting confused with the visa bulletin's preference dates. I am petitioning my fiance (K1 visa) and, in the future, we would like to petition his son (currently 6 years old). Could someone give me a time estimate?

Thank you!

When a US citizen stepparent petitions for his or her stepchild under the age of 21, it takes about 6-12 months for the stepchild to get a visa. The case is an Immediate Relative case, so there is no visa limitation.

Please note that the US citizen stepparent can only petition for the stepchild if the stepparent marries the biological parent before the stepchild's 18th birthday.

Edited February 3, 2011 by Jojo92122

[Aztec&Taino 144]

When a US citizen stepparent petitions for his or her stepchild under the age of 21, it takes about 6-12 months for the stepchild to get a visa. The case is an Immediate Relative case, so there is no visa limitation.

Please note that the US citizen stepparent can only petition for the stepchild if the stepparent marries the biological parent before the stepchild's 18th birthday.

Thank you!