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

[onlinejobslist 0]

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

[teeak 224]

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.

[Cathi 5,610]

did the father give permission for her to take the child to another country?

[aaron2020 11,651]

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.

[aaron2020 11,651]

http://www.visajourney.com/forums/topic/561093-k-1-visa-for-my-fiancee-and-her-child/?p=7764692#entry7764692

Fiancée or wife?

Why lie and get the wrong answers?

[onlinejobslist 0]

http://www.visajourney.com/forums/topic/561093-k-1-visa-for-my-fiancee-and-her-child/?p=7764692#entry7764692

Fiancée or wife?

Why lie and get the wrong answers?

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.

[onlinejobslist 0]

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.

[aaron2020 11,651]

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.

[Cathi 5,610]

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.

[Ryan H 3,790]

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