Step-child age clarification

[Mintosman 11]

The marriage that created a step-child relationship happened when the child was 18. They are now 20. As we are waiting for Covid to open up the local embassy, is it possible for me (USC) to start a petition to bring my step-child over? The way I read it online is that we will have to wait until the mom gets here and then she will have to file for them. I was hoping to have the case created before the child turned 21. 

[igoyougoduke 1,662]

yes you can petition for the mother and children. Are you a US Citizen ? no you can sponsor your step child by relation of marriage to mother.  You will need evidence of marriage and the children evidence that your wife is the mother.

 

Countries might have rules that children cannot leave unless they turn 21. It depends on each country.  You can petition but if the country has limits that child biological father has to allow to let the child leave the country that the situation will be on hold until either the child turns 21 or biological father consents 

[Mintosman 11]

3 minutes ago, igoyougoduke said:

yes you can petition for the mother and children. Are you a US Citizen ? no you can sponsor your step child by relation of marriage to mother.  You will need evidence of marriage and the children evidence that your wife is the mother.

 

Countries might have rules that children cannot leave unless they turn 21. It depends on each country.  You can petition but if the country has limits that child biological father has to allow to let the child leave the country that the situation will be on hold until either the child turns 21 or biological father consents 

When reading USCIS it says the child must be UNDER 18 when the marriage happened. A legal website says "18 OR under".  This case would be separate than the mom and other children as they are still considered CR1 & CR2's.  I was hoping to file a completely separate case for the oldest child since Covid has made us wait so long. If we have to wait until the mom gets here, the child will probably be 21 and then the case can last as long as 10 years. Trying to avoid that long of a wait. 

[aaron2020 11,651]

Sorry, the USC stepparent can not file for the stepchild because the stepchild was already 18 when the marriage occurred.  The LPR parent will have to petition for their child.

 

https://www.uscis.gov/family/family-of-us-citizens/bringing-children-sons-and-daughters-to-live-in-the-united-states-as-permanent-residents

 

Who Is Considered To Be a "Child" in the Immigration Process?

For immigration purposes, a child can be any of the following:

• A genetic child born in wedlock
• A genetic child born out of wedlock:
  • If the mother is petitioning, no legitimation is required.
  • If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence.
  • If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried.
• A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth.
• A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18

[aaron2020 11,651]

From the I-130 instructions.

 

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

 

Who May Not File Form I-130?

You may NOT file Form I-130 for a person in the following categories: 

3. A stepparent or stepchild, if the marriage that created the relationship took place after the child turned 18 years of age;

 

[Mintosman 11]

3 minutes ago, aaron2020 said:

From the I-130 instructions.

 

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

 

Who May Not File Form I-130?

You may NOT file Form I-130 for a person in the following categories: 

3. A stepparent or stepchild, if the marriage that created the relationship took place after the child turned 18 years of age;

 

That's what I thought. Seems lame that the LPR can but the spouse can't. Appreciate the confirmation.

[payxibka 10,045]

1 hour ago, Mintosman said:

The marriage that created a step-child relationship happened when the child was 18. They are now 20. As we are waiting for Covid to open up the local embassy, is it possible for me (USC) to start a petition to bring my step-child over? The way I read it online is that we will have to wait until the mom gets here and then she will have to file for them. I was hoping to have the case created before the child turned 21. 

The stepchild relationship needed to be created before the child was 18 so you need to wait for mom

Edited April 23, 2021 by payxibka

[payxibka 10,045]

37 minutes ago, igoyougoduke said:

yes you can petition for the mother and children. Are you a US Citizen ? no you can sponsor your step child by relation of marriage to mother.  You will need evidence of marriage and the children evidence that your wife is the mother.

 

Countries might have rules that children cannot leave unless they turn 21. It depends on each country.  You can petition but if the country has limits that child biological father has to allow to let the child leave the country that the situation will be on hold until either the child turns 21 or biological father consents 

Mother but not children