Citizenship for stepchild

[Disfan01 9]

I am in the process of sponsoring my husband for his LPR/Green Card. We have been married for nearly 3 years and have been living abroad in his home country.  He has a 10 year old child from a previous marriage. We didn’t initially put his son on our application because we didn’t think his mom would let him come to live with us full time in the U.S. It turns out she would be fine with it. Because our I-130 was already approved and also my husband’s dad-260 has been filed and we have an appointment scheduled for the end of next month for his IV interview. Am I correct in assuming it is too late to add my stepson to our current application and we would need to apply for him once we are settled back in the U.S.? Also, once my husband is able to take citizenship will my stepson also recieve citizenship himself if we wait until he also has been living in the U.S. with us for 3 years or will he need to wait until 18 and take the test himself? 

 

Thanks in advance for for any guidance or insight you can provide. 

[geowrian 22,335]

1) The I-130 says nothing about excluding children if they aren't immigrating. The child should have been listed. This can be updated at the interview.

2) Assuming you are a US Citizen, the I-130 for your spouse will not cover the child. A separate I-130 is necessary (no derivative beneficairies for an immediate relative of a USC). This can be filed anytime....the sooner it is filed, the quicker it will be processed.

3) If his child is under 18, has a green card, and is living in his care in the US at the time he naturalizes, then the child will derive citizenship automatically. He could apply for a US passport for the child directly at that point. An N-600 is optional as well.

[Disfan01 9]

Thank you so much! This was very helpful.  We did put his name on the I-130, but didn’t list him as accompanying now or within 6 months on the DS-260. 

[JFH 12,189]

*~*~*moved from “citizenship discussion” to “bringing family members of USCs” - question pertains to an immigrant visa for a step-child, not citizenship*~*~*

[JFH 12,189]

South Africa? You will need more than “she will be fine with it” to take the child out of the country. 

[Disfan01 9]

11 minutes ago, JFH said:

South Africa? You will need more than “she will be fine with it” to take the child out of the country. 

She is willing to give primary custody to us, whatever we would need. Would that be what we needed to do? At this point in time, we are still planning to go ourselves to get reestablished in the U.S. before bringing him over. 

[payxibka 10,044]

2 hours ago, Disfan01 said:

  We did put his name on the I-130, but didn’t list him as accompanying now or within 6 months on the DS-260. 

Correct, because the child won't be coming anytime soon

[geowrian 22,335]

4 hours ago, Disfan01 said:

Thank you so much! This was very helpful.  We did put his name on the I-130, but didn’t list him as accompanying now or within 6 months on the DS-260. 

Gotcha. Then that's fine.