Step children immigration

[Jo&Ro 106]

This is a hard subject to find any information on... 

What is the best path for my wife and I to take in getting her kids (9 & 12 years old) to the U.S.? She has been in the U.S. and a 10 year green card permanent resident since 8/5/20 (married in the Philippines 4 years ago) and we finally got a chance to get her kids passports in the Philippines and are now looking to start getting them here to the U.S. Do we need to start the immigration process for them just like we did with her, or would they become citizens when she does next year or is it faster for me (U.S. born citizen) to adopt them (something I plan to do at some point anyway)? 

Thanks ahead for any info...Jo

[Mike E 11,741]

They will not become USA citizens when she becomes a USA citizen until all of the following happen:

 

* she has 5 years of physical presence in the USA 

* she lives with them abroad in her legal custody 

* she files N-600K for them

* they travel with her to the USA for their citizenship interviews. This interview must happen before they reach age 18. 
 

If she wants to live with her children in the USA, you should file I-130 for each step child.  When they enter the USA on their immigration visas, they will be come citizens the moment  their mother is a USA citizen. If she is a USA citizen before they enter the USA they will be USA citizens as soon as they enter the USA and arrive at her home in the USA in her legal custody.    They must be under age 18 when all these conditions are met.  

 

 

Edited June 16, 2022 by Mike E

[Jo&Ro 106]

5 minutes ago, Mike E said:

They will not become USA citizens when she becomes a USA citizen until all of the following happen:

 

* she has 5 years of physical presence in the USA 

* she lives with them abroad in her legal custody 

* she files N-600K for them

* they travel with her to the USA for their citizenship interviews. 
 

If she wants to live with her children in the USA, you should file I-130 for each step child.  When they enter the USA on their immigration visas, they will be come citizens the money their mother is a USA citizen. If she is a USA citizen before they enter the USA they will be USA citizens as soon as they enter the USA and arrive at her home in the USA.  

 

 

 

Sounds like filing the I-130's is the best option. She is the only parent on their birth certificates and their sole legal guardian. She worked abroad before coming to the U.S 2 years ago and the kids are and have been with her mother and sister and she just went home once or twice a year for a month or so. Since she came here covid prevented us from accomplishing anything to get them here. We just got back from the Philippines 2 weeks ago and got their passports so we can be ready to get them here soon as possible. Immigration is such a difficult and horrible process all the way around! 😥

 

Thanks for your reply!👍

[Mike E 11,741]

8 minutes ago, Jo&Ro said:

 

Sounds like filing the I-130's is the best option. She is the only parent on their birth certificates and their sole legal guardian. She worked abroad before coming to the U.S 2 years ago and the kids are and have been with her mother and sister and she just went home once or twice a year for a month or so. Since she came here covid prevented us from accomplishing anything to get them here. We just got back from the Philippines 2 weeks ago and got their passports so we can be ready to get them here soon as possible. Immigration is such a difficult and horrible process all the way around! 😥

 

Thanks for your reply!👍

Where the kids born out of wedlock?

[Boiler 45,670]

Best for the USC to file the I 130 and will take 18 months or so

 

They could of course have been petitioned when their mother was

Edited June 16, 2022 by Boiler

[Jo&Ro 106]

5 hours ago, Mike E said:

Where the kids born out of wedlock?

Yes. Same dad but never married and hasn't been seen in nearly 10 years. 

[Jo&Ro 106]

4 hours ago, Boiler said:

Best for the USC to file the I 130 and will take 18 months or so

 

They could of course have been petitioned when their mother was

It took us 750 days for her. Total nightmare of an immigration process...

 

That wasn't an option for us when we filed for her. She was working overseas and they didn't have passports. Then covid REALLY messed plans up. 

[Mike E 11,741]

39 minutes ago, Jo&Ro said:

Yes. Same dad but never married and hasn't been seen in nearly 10 years. 

Perfect. Then mom doesn’t need evidence of legal custody. They will be citizens before age 18.  

[Corey911 37]

26 minutes ago, Mike E said:

Perfect. Then mom doesn’t need evidence of legal custody. They will be citizens before age 18.  

Also, it is important that mom included her kids in every process (application) obtaining US documents (visa, GC, etc)

[Ontarkie 14,280]

~~Moved to Bringing Family Of USC, from US Citizenship General Discussion~~

[SteveInBostonI130 3,468]

16 hours ago, Jo&Ro said:

It took us 750 days for her. Total nightmare of an immigration process...

 

That would be 2 yrs plus 20 days?  About average when you factor in the Covid lockdown during the final few months.   "Nightmare" is also about an average description, unfortunately.

 

You can petition for them as your stepchildren, IR2, or your wife can petition for them as F2A.  With F2A being current, I assume either would take about the same amount of time.

[SusieQQQ 11,586]

13 minutes ago, SteveInBostonI130 said:

 

That would be 2 yrs plus 20 days?  About average when you factor in the Covid lockdown during the final few months.   "Nightmare" is also about an average description, unfortunately.

 

You can petition for them as your stepchildren, IR2, or your wife can petition for them as F2A.  With F2A being current, I assume either would take about the same amount of time.

IR2 is always safer though, firstly IR does get priority over F- cases, second although maybe unlikely to be an issue with such young kids, you never age out of IR, if they retrogress F2A the possibility of aging out exists.

[Chancy 6,241]

20 hours ago, Jo&Ro said:

That wasn't an option for us when we filed for her. She was working overseas and they didn't have passports.

 

This info is too late in your stepchildren's case, but for others reading this thread -- beneficiary's passport is NOT required at the petition stage.  Passport will only be required at the NVC stage after the petition has been approved.  Also, the NVC stage can be delayed for up to a year, or even indefinitely with yearly written communication with NVC.

 

[Chancy 6,241]

*** Removed related thread.  Please post your related questions in this thread to keep the discussion in one place. ***

 

11 minutes ago, Jo&Ro said:

What are our options? My filipina wife of 4 years last June has been here in the states for 2 years this past Aug and we are looking to file for her kids now. In hindsight we should have filed for them same time as her, BUT it is what it is and now we need to get them here. What is our best option? Can they be filed for together? As in like joint paperwork and interviews scheduled together and such or will it be more like two totally separate cases? One will be 10 this month and one turned 12 in May. We spent the month of May there getting their passports and visiting them and the rest of her family. They now have Philippine passports in hand. We used filipina fiancé to help with her and were TOTALLY not happy with them so we're planning on filing for the kids on our own. Hopefully with tons of great advice from here though...haha

 

As mentioned above, you or your wife may file I-130 petitions for her kids.  Better for you, the US citizen, to file for them as your stepchildren.  You will need to file 2 petitions, 1 for each child.  The cases will be separate and processed independently of each other.  After the I-130 petitions are approved and the cases transferred to NVC, you may request NVC to link the cases so the children may be interviewed together.  Check out the VJ guide below --

 

 

[Mvivori 3]

On 6/17/2022 at 4:29 AM, Boiler said:

Best for the USC to file the I 130 and will take 18 months or so

 

They could of course have been petitioned when their mother was

We didn’t file for I-130 for my wife’s children, 6 & 8 bc I made a Big error thinking they were included on Wife’s I-130 filed on 06/30/21.  One year later on 6/30/22 we filed the  Children’s I-130 and asked My US Senator for help.  My wife’s DS-260 was already at the NVC as of 06/10/22.  On 09/15/22 USCIS notified us their I-130’s were approved!  That’s only 2 1/2 months from submitting the Children's I-130’s to USCIS Approval!  Only 77 days.  Ask your Congressman or Senator for help.  It sure helped us.  I have no evidence to support this but I believe once the Adult Beneficiary Parent is approved, minor children are an easy add on as there’s not much to check into about a 6 yr old.