Step children

[Pelmeni 39]

We married on K-1 visa in April and are waiting for AOS interview. His son is not 18 and mother wouldn't give permission to leave Russia even though he has always lived with his dad and they are very close. He will be 18 in October and wants to join his dad here. Any advice on the best way to do this? I think it needs to be done well before his son turns 21. Thanks in advance!

[aaron2020 11,651]

You can file the I-130 today as his USC stepmother.  It will take about a year for him to get an immigration visa and an instant green card when he enters the US (no need to adjust status).  He will be 18 when he interviews and he will not need his mother's permission since he will be an adult.  

[Pelmeni 39]

23 minutes ago, aaron2020 said:

You can file the I-130 today as his USC stepmother.  It will take about a year for him to get an immigration visa and an instant green card when he enters the US (no need to adjust status).  He will be 18 when he interviews and he will not need his mother's permission since he will be an adult.  

I'm assuming he will need to interview in Moscow as my fiance did? And do the physical in Moscow?

[aaron2020 11,651]

Yes and yes.

[Hank_ 9,173]

45 minutes ago, Pelmeni said:

We married on K-1 visa in April and are waiting for AOS interview. His son is not 18 and mother wouldn't give permission to leave Russia even though he has always lived with his dad and they are very close. He will be 18 in October and wants to join his dad here. Any advice on the best way to do this? I think it needs to be done well before his son turns 21. Thanks in advance!

His parent married his USC spouse before the child turned 18, then he is considered a step-child for immigration purposes.  The USC step-parent can petition the child with an IR visa.   Being this can take upwards of a year you could start this now.

 

The K-2 Follow To Join only applies to minor children, would need to be completed BEFORE he turns 18.  < and with the mother not being agreeable odds of that happening are slim.

 

Children (below 21 years of age and unmarried) of the Filipino spouse are also eligible to apply for IR visas if individual petitions are filed on their behalf by the U.S. citizen spouse. Under U.S. immigration law, only children under the age of 18 at the time their natural parent married to a U.S. citizen are considered “step-children” for immigration purpose. Children who were 18 years or older at the time of the marriage may not be petitioned as step-children. They may be petitioned by the Filipino parent after he/she becomes a lawful permanent resident (LPR) of the United States.

Edited August 7, 2019 by Hank_

[aaron2020 11,651]

5 minutes ago, Hank_ said:

His parent married his USC spouse before the child turned 18, then he is considered a step-child for immigration purposes.  The USC step-parent can petition the child with an IR visa.   Being this can take upwards of a year you could start this now.

 

The K-2 Follow To Join only applies to minor children, would need to be completed BEFORE he turns 18.  < and with the mother not being agreeable odds of that happening are slim.

 

Children (below 21 years of age and unmarried) of the Filipino spouse are also eligible to apply for IR visas if individual petitions are filed on their behalf by the U.S. citizen spouse. Under U.S. immigration law, only children under the age of 18 at the time their natural parent married to a U.S. citizen are considered “step-children” for immigration purpose. Children who were 18 years or older at the time of the marriage may not be petitioned as step-children. They may be petitioned by the Filipino parent after he/she becomes a lawful permanent resident (LPR) of the United States.

Follow to join on a K-2 applies to unmarried children under age 21 and doesn't require the mom's consent once the child is 18.

Edited August 7, 2019 by aaron2020

[Hank_ 9,173]

7 minutes ago, aaron2020 said:

Follow to join on a K-2 applies to unmarried children under age 21 and doesn't require the mom's consent once the child is 18.

 

My first thought was the FOLLOW-TO-JOIN instead of an IR visa... if it could be completed in time.   BUT ...

 

I found this regarding the K-2.    (they could contact their embassy to verify)     For the IR visa his age is not an issue.

 

Minor children identified on the approved I-129F petition may follow to join their petitioned parent. However, such follow-to-join K2 visas can only be issued within one year from the time the parent was issued a K1 visa. After one (1) year, they no longer derive immigration benefits from the I-129F petition and you or your spouse must file an immediate relative or second preference petition for them to qualify again

Edited August 7, 2019 by Hank_

[payxibka 10,044]

1 hour ago, Pelmeni said:

We married on K-1 visa in April and are waiting for AOS interview. His son is not 18 and mother wouldn't give permission to leave Russia even though he has always lived with his dad and they are very close. He will be 18 in October and wants to join his dad here. Any advice on the best way to do this? I think it needs to be done well before his son turns 21. Thanks in advance!

K2 follow to join if you can get it done between his 18th birthday and the one year from k1 issuance 

[Ontarkie 13,915]

Follow to join would be the fastest way. Depending on when in October he turns 18 I would call in September to get the ball rolling and Hope for a November interview. 

[Gomast 65]

You are missing one “small” issue. Russia is a contracting country to the Hague Abduction Convention. A minor child cannot be relocated to another country without the consent of both parents. 

[payxibka 10,044]

4 minutes ago, Gomast said:

You are missing one “small” issue. Russia is a contracting country to the Hague Abduction Convention. A minor child cannot be relocated to another country without the consent of both parents. 

No, he isn't missing that issue.   He is waiting for the child to turn 18, to which Momma's consent is no longer required 

[aaron2020 11,651]

32 minutes ago, Gomast said:

You are missing one “small” issue. Russia is a contracting country to the Hague Abduction Convention. A minor child cannot be relocated to another country without the consent of both parents. 

No one missed the "small" issue.  He interviews when he's 18.  An 18 years old is an adult who can freely make his own decisions.  

[Pelmeni 39]

12 minutes ago, aaron2020 said:

No one missed the "small" issue.  He interviews when he's 18.  An 18 years old is an adult who can freely make his own decisions.  

Thanks to you all! You're the best!

[Gomast 65]

19 minutes ago, aaron2020 said:

No one missed the "small" issue.  He interviews when he's 18.  An 18 years old is an adult who can freely make his own decisions.  

Yes. At the age of 16 no permission is required per Hague 

[geowrian 22,335]

6 minutes ago, Gomast said:

Yes. At the age of 16 no permission is required per Hague 

Under 16 permission is required in accordance with the treaty. At 16 or older is still determined by each country.