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Onituan

CAN I PETITION MY STEPSON ? MY WIFE IS ILEGAL

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Maybe


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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This is the case:

My wife is Illegal immigrant She does not enter to US with a visa but from the border. :bonk:

That means that she does not have any status :help:

She has a son 9 years old in Nicaragua. We get married last year when her son was 8years. :blink:

Someone told us that I can summit a petition for him as a stepson. B-)

What is the way to do this? is it true?? :unsure:

PLEASE HELP US WITH THIS!!! :thumbs:

Many thanks in advance!!

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I don't see why not but there would be major problems and issues. The copy of the marriage certificate will show you were married in the US? so how will you explain your wife being here illegally if asked? How will you explain wanting to petition for your step-son to come live with you if his mother is not in the US? :whistle: Do you permission from the birth father to bring the child to the US? How will you obtain it?

Better your wife leave the country, you petition for both, when the wife is denied file a waiver, and then move on with life legally in the US.

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I want to say I've seen a case on immigrate2us of someone who petitioned for her stepdaughter, had it approved, and brought her here even though her husband had EWI. BUT, I believe she also petitioned for the husband and was just waiting for him to get an interview in his country at which point he would return and they would try for a waiver. I'll see if I can find the link for you.

There is no way you'll be able to do it without calling attention to your wife's lack of status, though. Are you planning to petition for her and try to get a waiver as well?


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Supposedly, before the end of this year, you will be able to petition for your wife's residency while she is in the US without status and she *might* not have to leave the US. Still need a waiver with that I believe.

But, as it is now, you can send the petition for your wife and stepson, where they are now. They will need to attend the interview at the US embassy in country of residence. Then, as I understand it, your wife will need to apply for a 601 hardship waiver because of the EWI, and wait for that to be approved before traveling. .

However, if you should decide to petition the son only, and in the future...well you know the situation could become really get complicated. Also, not sure exactly what Nicaragua's requirements are for allowing a minor to travel and getting parental permission, passports, etc (stuff his mother might need to sign for), and writing down his mother's current address on the immigration forms...

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