How different is the process for a foreign mother and her child to file for CR-1?

[VPhd 0]

I've started looking into Visa's for my SO after we get married, and she currently has a kid. How much more ambiguous is the process for obtaining a CR-1 visa when she has a kid to immigrate over to America?

Thank you!

[apple21 953]

How old is the kid?

[VPhd 0]

How old is the kid?

That's probably important information.

Her child is currently 20 months old.

Edited July 21, 2015 by VPhd

[apple21 953]

The process for the child is basically the same as the spouse.

You file:

i130 for wife + payment

i130 for step-child + payment

You can mail them together in one package so they will be processed at the same time.

I'm assuming its her child from another man so you should also look into the laws of her country regarding obtaining the father's permission for the child to immigrate. Unless she has full custody and docs to prove it. This stuff is not a requirement for the i130 however it might come up in the future.

Good luck!

[kareelina 42]

I asked a lawyer concerning taking my two kids with me and he advised me that my ex has to sign a consent before the immigration and passport section in my country that he approves the kids travelling with me , just to be in a safe side to avoid any issue at the airport.