Filing for Step-son

[Neya 0]

My new step son was approved for a K-2 visa but his father and I did not wed prior to his 18th birthday(his 18th birthday was in March). Even though he was approved for a K-2 visa am I correct in thinking that we must now file a I-130 for him to come to the US? Can I file for him or must his father file for him? If his father has to file for him how long must he wait until he can file?

Thanks for your input.

[Boiler 43,630]

When would he be looking to move to the US?

I believe he can use his K2 within a year, half way gone now, but would need to adjust before 21. Otherwise he would age out.

If my memory is defective I am sure somebody will correct me.

[Yodrak 7]

Neya,

The boy's K2 visa application was approved when? The same date as yours? Or, hopefully, after yours?

I believe that a K2 visa is valid for 6 months, same as a K1 visa. If his visa was issued at the same time yours was, and he has not yet come to the USA, then his visa has expired.

Your husband cannot file an I-130 petition for your son - for immigration purposes your husband is not your son's stepfather.

Yodrak

My new step son was approved for a K-2 visa but his father and I did not wed prior to his 18th birthday(his 18th birthday was in March). Even though he was approved for a K-2 visa am I correct in thinking that we must now file a I-130 for him to come to the US? Can I file for him or must his father file for him? If his father has to file for him how long must he wait until he can file?

Thanks for your input.