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May531

Requirements for step child

By May531 in Bringing Family Members of US Citizens to America

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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You have to have married the parent before the child turned 18.

 

If the child is still a minor, you may need permission from the other birth parent to permanently remove the child from the country (and presumably the custody of that parent).

 

You have to meet the income requirements for the new household size. Or you can use a joint sponsor. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
6 minutes ago, May531 said:

We were already married and my wife was never married to the father of the child. Do we still need to get custody from the birth father? 

Unanswerable question since you don't identify the country of the child 

YMMV

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
10 minutes ago, payxibka said:

Unanswerable question since you don't identify the country of the child 

OP later edited to add that it is Philippines.

 

Should not be an issue with PH assuming she has full custody. Generally, a child born out of wedlock there remains in full custody of the mother.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Just Paul Veteran

Just Paul   4,591

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

If the father is not on the birth certificate there is no problem.

 

If she came in on a K1 and it has been less than a year since the visa was issued and the child is under 18, just a DS-160 is needed.  Otherwise an I-130 is needed.

 

Child needs to remain unmarried. 

 

:time:

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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jskibo Community Regular

jskibo   588

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
14 hours ago, Paul & Mary said:

If the father is not on the birth certificate there is no problem.

 

If she came in on a K1 and it has been less than a year since the visa was issued and the child is under 18, just a DS-160 is needed.  Otherwise an I-130 is needed.

 

Child needs to remain unmarried. 

 

:time:

Just to note, my step daughters father was listed on birth certificate but wife was never married to him. No requirement for father's permission in Philippines in that case either. 

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