I-130 filed for the spouse, but did not include the stepson

[Dharone17 0]

Hello all,

My friend just filed an I-130 for his spouse, the spouse has a 7 year old son from previous relationship. But on the form it was declared that she has a son. Will the petition will be only for the spouse or does it include the stepson as well?

[NigeriaorBust 4,087]

With the I130 each person needs a petition assuming the petitioner is a USC

[Dharone17 0]

Yes the petitioner is a USC but he only filed for the spouse, although she put in the form that she has a son. What will happen then? Does the son will be included in the petition. Or she has to petition her son later on?

[EM_Vandaveer 2,370]

The USC petitioner has to file a separate I-130 for the stepson.

Edited August 18, 2016 by EM_Vandaveer

[Dharone17 0]

If the USC did not file for the stepson so he is not included in the petition? The spouse will file for the son later on?

[EM_Vandaveer 2,370]

Again, the USC petitioner needs to file a separate I-130 for the stepson. The spouse (biological parent) filing is not ideal as it takes years for PD to become current. (The reason is that it's a LPR petitioning for their child under F2A category.)

If the USC stepparent files for the stepson, there is no wait for PD to become current. (Because it's a USC's petition for an immediate relative.)

Edited August 18, 2016 by EM_Vandaveer

[Dharone17 0]

I understand what you trying you say, but he did not file for the stepson only the spouse. So the spouse then probably petition her son later on.

[aleful 1,905]

hi

she can file for him now if she wants to, if the marriage took place before he was 18 and she is a USC

petitions are filed separately,

now how old is he and why would they want to wait until his dad became a LPR, plus the wait would be 2 years if she doesn't turn 21

[Dharone17 0]

They already filed it to USCIS, I'm not sure why they did not include the stepson. I think there is an issue to the other biological parent. I think he is 7 righy now.

[aleful 1,905]

hi

she can still file for him at any time, if there is a dad, he would have to sign a letter authorizing him to leave the country

[Dharone17 0]

They can still file for it even though theyou already sent the I130 and got approved? That is the thing the other biological parent does not want to. And they been chasing her for years. That is why they did not file for the stepson.they don't want to wait for the other parent to delay the process or something

[EM_Vandaveer 2,370]

That's a separate issue. If they ever want to file for the child, they need the other parent's permission to get the child an immigrant visa.

The only exception is, in the Philippines an unwed mother automatically has sole custody over her children.

[Dharone17 0]

Yes that is why they only filed the I 130 to the spouse that time because of that issue but eventually she will file for her son. But right now its only the spouse. Is this going to be an issue for their petition? Because they did not include the stepson son but they declare it on the form?

[NigeriaorBust 4,087]

He USC step father can file at any time, it would take about a year after filing for the child to arrive. The mother can file once she becomes an LPR and that process will take a bit over 2 years from the time they file assuming they file while the child is still a child.

[Boiler 43,438]

Good idea to read the answers rather than ask the same question.