What application for over 18 adopted stepchild, parents married earlier?

[ChuckN 0]

Does a stepchild who is 18 but was part of a family with the mother married when the child was 9 and was addopted when he was 18 need a seperate I-130 application and all the paperwork?

[speedwell 224]

Does a stepchild who is 18 but was part of a family with the mother married when the child was 9 and was addopted when he was 18 need a seperate I-130 application and all the paperwork?

Please give more information about the case; this is too brief.

[Penguin_ie 5,984]

An adoption over age 16 does not count for immigration purposes.

[aaron2020 11,651]

Does a stepchild who is 18 but was part of a family with the mother married when the child was 9 and was addopted when he was 18 need a seperate I-130 application and all the paperwork?

Give us basic info - who's the petitioner? Who's the primary beneficiary? Etc.

If you don't give basic info, your question cannot be answered.

[ChuckN 0]

Give us basic info - who's the petitioner? Who's the primary beneficiary? Etc.

If you don't give basic info, your question cannot be answered.

I am the petitioner my wife and stepson are the beneficiarys.

An adoption over age 16 does not count for immigration purposes.

The child is my stepson by marriage to his mother.

[aaron2020 11,651]

I am the petitioner my wife and stepson are the beneficiarys.

The child is my stepson by marriage to his mother.

The adoption is irrelevant since it occurred after his 16th birthday. Only adoptions before the age of 16 counts for immigration benefits through the US citizen adopted parent.

You will need to file separately for your wife and stepson. You file for him as your stepson and not as your adopted son. He qualifies as your stepson, but not as your adopted son for an immigration visa.

[Darnell 8,478]

i think you qualify, irrespective of the adoption,

for filing an I-130 on the step-child,

so that's 2 I-130's, aye?

One on your wife, and one on her son.

Good Luck !

[ChuckN 0]

My wife and son were both "entered without inspection" They were in the US about 10 years. We left the US in December of 2011. We will be filing at the US consulate in their country of origen, we have been here over a year. With the changes hopefully coming March 4th with imigration reform, are our chances of getting the visas better. Also should we wait till after the fourth to file, it would suck if we got held back because the changes were not in effect yet. Can our chances be improved if I look for a hardship waiver, because honestly it is a hardship to be here for this long.

[Asia 2,491]

My wife and son were both "entered without inspection" They were in the US about 10 years. We left the US in December of 2011. We will be filing at the US consulate in their country of origen, we have been here over a year. With the changes hopefully coming March 4th with imigration reform, are our chances of getting the visas better.

I don't think this reform includes people who entered without inspecion AND left the US.

But I'm sure some more experienced users will correct that.

[Darnell 8,478]

Asia - the new 601 waiver program covers exactly that.

[Asia 2,491]

Asia - the new 601 waiver program covers exactly that.

Thanks for correcting me!

I thought the new waiver program covers people who are constantly staying in the US.

I guess I need to read more carefully

[Ryan H 3,790]

Asia - the new 601 waiver program covers exactly that.

I believe Asia is correct and this new procedure will be of no use to the OP.

Here's why:

We left the US in December of 2011. We will be filing at the US consulate in their country of origen, we have been here over a year.

The OP indicates above that they have left the US and that he will file the petition via DCF. Unless he is allowed to submit waiver paperwork at the same time he files the I-130 abroad, then he will not be able to file the waiver paperwork until the visa has been denied because of the ban that has been incurred.

From my understanding of this procedure, the only people who are covered are those that are in the US and have accrued unlawful presence and have an approved I-130.

[Darnell 8,478]

Ryan - ah - we have different understandings about it, then.

Sure - the commonality is the unlawful presence and the I-130 approval,

but it's my understanding that even with the foreign spouse outside the country, the special intake for the waiver is still available.

[Asia 2,491]

From my understanding of this procedure, the only people who are covered are those that are in the US and have accrued unlawful presence and have an approved I-130.

That's how I understand it too.

I thought that when you leave, you trigger the ban.

I thought that in this new waiver process you leave only to have an interview in your home country, but your leaving doesn't trigger a ban (since a petition to your AOS was filled prior your leaving).

[ChuckN 0]

Would I need to wait or would it be better to wait until the new policy is in effect (if it passes) to file the 601 waivers?