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May531

Requirements for step child

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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. 


 

 

 

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Posted (edited)

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?  Child is from the Philippines 

Edited by May531
Added country

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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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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:

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)

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K-1:

Spoiler

I-129F

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3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

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K-1

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

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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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.

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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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