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TVC

Can I sponsor my Filipino step son for a visa to the USA?

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Posted (edited)

In June I married a Filipino girl who already had a 4yo son. We are all living together in the Philippines. He has his deceased fathers last name. Can I get him a visa when I file to get my wife a visa? If so, do I need to file a seperate I130 for him? 

 

 

I came across this on the USCIS.gov website: "A stepchild is ineligible for citizenship or naturalization through the U.S. citizen stepparent, unless the stepchild is adopted and the adoption meets certain requirements."

 

I don't understand what this means. Does this mean I must adopt my stepson before he can come to the USA? I plan on adopting him eventually but it's a long and expensive process. I was hoping to do it when we were all back in the USA.

Edited by TVC

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Posted (edited)

Your post from USCIS is about citizenship not about petitioning. See the last bullet below from USCIS. You can petition for him along with your wife, two separate petitions. Of course you can’t give him a visa but i see your point.

 

For immigration purposes, a child can be any of the following:

  • A genetic child born in wedlock
  • A genetic child born out of wedlock:
    • If the mother is petitioning, no legitimation is required.
    • If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence.
    • If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried.
    • A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth.
  • A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18
Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Like @arken said, as long as you marry the child's mother before the child turns 18, you establish a stepparent - stepchild relationship for immigration purposes. Then you can file a separate I-130 for each of them. They'll both receive immigrant visas, if everything goes well.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Posted (edited)

BTW he'll become a USC when his mother does (about 5-6 years from now, if everything goes well) even if you don't adopt him.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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54 minutes ago, EM_Vandaveer said:

BTW he'll become a USC when his mother does (about 5-6 years from now, if everything goes well) even if you don't adopt him.

Correct.  Context is King here.  Immigration through a CR2 or IR2 visa is very different from becoming a Citizen.  Since you live in the Philippines, you can file directly with the USCIS Field Office associated with the Embassy in Manila, for process of only a few months.  IF and/or WHEN your wife becomes eligible to Naturalize and if she chooses to do so before her child is 18, the child becomes a citizen based on his natural parent, not his step parent.


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