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CR-1 Visa for my spouse and her 4 year old son

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I am a US Citizen. My wife lives abroad. She has a B1/B2 visa. We recently got married

My wife has a 4 year old son from her previous marriage. The child has no visa whatsoever.

I would like to apply for a CR-1 visa for her.

Can I also apply for her son?

Does this require an approval from his biological father?

Thank you

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Yes, since you got married before the child turned 18, you can file as a step-parent.

File a separate I-130 form as you will for your wife. You will need to include the child's birth certificate, your marriage certificate and divorce certificates (for any previous marriages either you or his mother had) along with the necessary fees.


F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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Not lying.

We got married in a religious ceremony. It is not yet legalized in any government. I am trying to see which option would be best and takes shorter amount of time.

If we register our marriage in the government then she is officially my wife. But as of now, she is my fiance as far as the government is concerned.

Sorry for confusion.

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Hi,

You can file for your stepson. He will need his own I-130.

If local law does not give complete custody to your wife, then the father's permission for the child to immigrate is required or a court order allowing the child to immigrate.

Best of luck.

She has custody as per her divorce settlement. Not sure if there are any conditions of if she has unconditional custody.

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If we register our marriage in the government then she is officially my wife. But as of now, she is my fiance as far as the government is concerned.

Actually, that's not how the US government looks at situations like yours. A religious only marriage can make a person too married for a K-1 fiancee visa and not married enough for a spousal visa. You may want to search on VJ for the many cases of a denied K-1 for having solely a religious wedding.

She has custody as per her divorce settlement. Not sure if there are any conditions of if she has unconditional custody.

The divorce settlement probably does not address the child immigrating to another country. You will need either the father's written notarized permission or a court order allowing the child to immigrate. It has to be explicit that the child is allowed to immigrate.

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you are no longer eligible for the k-1 do to your "religious ceremony". Registered or not, you are married in the eyes of immigration. Not telling them is material misrepresentation and can result in a permanent ban to the US. ALWAYS tell the truth when it comes to immigration.



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***Duplicate thread in K1 forum removed. Please do not start multiple threads on the same topic.***


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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