Bring a child

[Luckycharm12 0]

Hi,

I have some questions and was looking for some help.

I brought my husband on a spousal visa about 4months ago, when I filled out the I-130 we didn't not add his daughter to the petition. When I got to the national visa center I had to fill up the DS230 and it asked for children name and address I decide to put in her info. on that form cause at the time we was confused about having the child immigrate at the same time as my husband(As I was told my a lawyer that if I had her name to the I-130 she be following with him and I would have to pay the same fees for him as for her) I was under the impression it was spereate I-130 with two seperate payments(please correct me if I'm wrong)... Long story short, ,although I added her to the DS-230 and NOT the I-130. My question goes as follow....

• can I the USC file for the child? (she is 5) if so, how long do I have until I can submitt paper for her?
• must my husband be present for the interview?
• Are DNA test done?
• What document or permission is need from the mother?

Your input is very helpful...

Thanks in advance!

[SerenityNOW 11]

I just saw this post by accident... There is a great thread for stepchild immigration over in the Family Members (not spouses) forum. Lots of folks there who can help you out.... also there is a wiki page about IR-2/CR-2 visas.

Yes, you can file for the child. I am not clear if your husband is already here, or still at the NVC stage (you said you brought him here, so I think his process is completed?). You will go through almost the same process for the child as you did for your husband. Pay the same fees, same forms, but less documentation is required. There is no time limit, except that she would have to be under 21 years old (so, like 16 years for her?). We are immigrating my stepson nearly 5 years after my husband came.

I don't think your husband has to be at the interview. Many kids interview without their parents, but because she is so young, you would want to confirm that with the embassy you are going through. Some embassies seem to really want the parent there. Also, I don't know if you have someone you could fully rely upon to take care of the medical, interview, DNA test if required, etc. My husband will be flying to go to my stepson's interview (and no, we can't afford it right now! all on the credit card, oh well). We learned a lesson the hard way not to rely on the birth mom to do all this. It is a total pain, with all the travel etc (and Bulgaria is a small country - it could be even more inconvenient in larger countries).

A DNA test might be requested at the interview stage.

You would need a notarized document from the mother saying that she gives permission for the child to immigrate permanently to the United States. Check with whatever country they are from to see what specifically is required.

PS - didn't you have to list all your husband's children on the I-130, even though you weren't including them to immigrate at that time? Did a lawyer really say not to include his daughter? That's crazy - it just says "List spouse and all children of your relative," nothing about "... who intend to immigrate with you at this time." I remember listing my husband's kids, and they didn't come with him. I'm not sure how you will handle that aspect. I'm surprised they didn't notice the discrepancy at your husband's interview. Hopefully that won't become a problem. (If a lawyer really told you that, you should consider filing a complaint).

Good luck to you and your stepdaughter!

Edited May 14, 2013 by SerenityNOW

[Ryan H 3,791]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America forum.