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Is it really that easy?

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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.


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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 by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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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


th_Untitled-3.jpg?t=1294114030

03/2008--Met while working together in Mongolia
06/21/10--Married in Ulaanbaatar on the Summer solstice
USCIS
09/06/10--I-130 package mailed to USCIS Chicago Lockbox
12/14/10--NOA2 hardcopy rec'd, Dec 09 notice date<APPROVED>86 Days
NVC
12/22/10-NVC / IIN Number issued, AOS bill paid
12/26/10-DS-3032 emailed
January4............IV bill paid, discovered error by preparer
USCIS ROUND 2
01/04/11-- I-130 package for stepson sent express with expedite plea
01/11/11---Congressional expedite plea lodged with USCIS
01/20/11--- Notice date, APPROVED 14 days
NVC ROUND 2
01/26/11--- NVC/IIN Numbers issued, DS-3032 Emailed
02/07/11--- AOS/IV packages fedexed to NVC
02/24/11--- Both Cases Completed at NVC
CONSULAR
04/27/11--- Interview passed
05/29/11--- POE ORD
08/2011--- I-551s arrive

heart.gif NEW YEAR'S EVE 2011, WE WELCOME OUR BABY GIRL TO THE FAMILYheart.gif

REMOVAL OF CONDITIONS

04/18/13--- I-751 mailed

09/25/13---ROC approval

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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!


August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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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 by Jojo92122

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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!

:D


August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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