Bringing Step Son to USA

[llaz 232]

Hello all, 

Here I am 6 or 7 years later after the k1 visa and my step son (16yo) is wanting to come to the US asap. He's had a pretty bad falling out with his mom and his mom is wanting to sign custody over to his dad (my husband).

 

So I have a few questions.

1. I understand that I'd have to fill out the i130. That is to start the process, correct? 

 

2. The fastest way to get him here is the k4 visa paperwork, correct? Or is there something else that I should be looking into?

 

3. I thought I read somewhere online in my searches that there is an interview required for the k4 visa with his mother at the US embassy in their country (Chile) is that correct? 

 

4. Is there anything else required of his mother? His mother is going to make this whole situation as difficult as she can, she wants her son to leave but anything dealing with my husband and to make life easy she will typically buck up against. We are writing up with our lawyer the document that she is to sign in order to give him custody so if there is anything else required of her to do then we want to make sure it is in that document. 

 

Thank you all for your time! 

 

Edit to add: My husband has not done the paperwork for his citizenship so he is still an LPR. So I believe I will be filling out the petition since I thought I saw it went through faster for citizens. 

Edited January 3 by llaz

[Dashinka 23,251]

3 minutes ago, llaz said:

Hello all, 

Here I am 6 or 7 years later after the k1 visa and my step son (16yo) is wanting to come to the US asap. He's had a pretty bad falling out with his mom and his mom is wanting to sign custody over to his dad (my husband).

 

So I have a few questions.

1. I understand that I'd have to fill out the i130. That is to start the process, correct? 

Correct

3 minutes ago, llaz said:

 

2. The fastest way to get him here is the k4 visa paperwork, correct? Or is there something else that I should be looking into?

I believe the I130 will result in an IR2 visa for your step-son.

3 minutes ago, llaz said:

 

3. I thought I read somewhere online in my searches that there is an interview required for the k4 visa with his mother at the US embassy in their country (Chile) is that correct? 

Not entirely certain, but I believe children over the age of 14 are required to attend an interview.

3 minutes ago, llaz said:

 

4. Is there anything else required of his mother? His mother is going to make this whole situation as difficult as she can, she wants her son to leave but anything dealing with my husband and to make life easy she will typically buck up against. We are writing up with our lawyer the document that she is to sign in order to give him custody so if there is anything else required of her to do then we want to make sure it is in that document. 

This is more of a legal custody question.  I would defer to your lawyer handling custody documents, and if they believe everything is in order, he should be fine.

3 minutes ago, llaz said:

 

Thank you all for your time! 

Good Luck!

 

https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process/immigration-adoption-and-citizenship-for-stepchildren-of-us-citizens-and-lprs

[mam521 1,725]

Your stepson will have to attend an interview if he has to go through the I-130/IR-2 process.  

 

The custody arrangement is going to have to say your husband has sole custody or custodial parental rights and the mother NOT having custodial parental rights or else she'll have to sign a declaration stating she knows the minor is relocating permanently to the US.  

 

Your husband indicated he had this child when you guys filled out his K1 paperwork, correct?  There may be some follow-to-join benefits available.  I'd look into that, as well.  

[SalishSea 16,775]

He’s not eligible for a K-4, it will be an IR-2.

 

”asap” doesn’t exist in the world of US immigration, so he should have realistic expectations of it taking a year or two.

 

I can’t imagine that the mother would be required (or even allowed) to accompany him to an interview in the U.S. embassy.   Your husband may want to fly down for it.  Your stepson may be 18 by the time he gets to interview.

1 hour ago, mam521 said:

Your stepson will have to attend an interview if he has to go through the I-130/IR-2 process.  

 

The custody arrangement is going to have to say your husband has sole custody or custodial parental rights and the mother NOT having custodial parental rights or else she'll have to sign a declaration stating she knows the minor is relocating permanently to the US.  

 

Your husband indicated he had this child when you guys filled out his K1 paperwork, correct?  There may be some follow-to-join benefits available.  I'd look into that, as well.  

K-2 FTJ is in effect for only one year.

[mam521 1,725]

13 minutes ago, SalishSea said:

K-2 FTJ is in effect for only one year.

Fail on my part.  I read 6-7mo, not YEARS for the OP!  

[llaz 232]

26 minutes ago, SalishSea said:

He’s not eligible for a K-4, it will be an IR-2.

 

”asap” doesn’t exist in the world of US immigration, so he should have realistic expectations of it taking a year or two.

 

I can’t imagine that the mother would be required (or even allowed) to accompany him to an interview in the U.S. embassy.   Your husband may want to fly down for it.  Your stepson may be 18 by the time he gets to interview.

K-2 FTJ is in effect for only one year.

Could you elaborate on why if I file an i129 he wouldn't qualify for a k4?

 

Absolutely I've been explaining this about the timeline to my husband and to my step son. I know and empathize with his urgency to leave for his sanity but yes I also know about immigration timelines. 

[Boiler 43,446]

The Immigration side is just a question of time, say 18 months.

 

 Obviously not familiar with Chilean Law but I assume he is not near the age of majority so his Mother will need to be on side.

3 minutes ago, llaz said:

Could you elaborate on why if I file an i129 he wouldn't qualify for a k4?

 

Absolutely I've been explaining this about the timeline to my husband and to my step son. I know and empathize with his urgency to leave for his sanity but yes I also know about immigration timelines. 

K4 is the dependent of a K3, no K3.

Edited January 3 by Boiler

[SalishSea 16,775]

51 minutes ago, llaz said:

Could you elaborate on why if I file an i129 he wouldn't qualify for a k4?

 

Absolutely I've been explaining this about the timeline to my husband and to my step son. I know and empathize with his urgency to leave for his sanity but yes I also know about immigration timelines. 

K3/4 are obsolete.

[llaz 232]

3 hours ago, SalishSea said:

K3/4 are obsolete.

Ok I understand thank you! 

In regards to the IR2 I was seeing online on some page that they require custody for two years is that true? 

[SalishSea 16,775]

36 minutes ago, llaz said:

Ok I understand thank you! 

In regards to the IR2 I was seeing online on some page that they require custody for two years is that true? 

Hmm, I don't think that is the case.  For international adoptions, that is true, but this is your stepchild and a current court order/documentation of your husband having custody should be sufficient.

[Boiler 43,446]

The inly thing that makes sense is that he is confusing adoption and sponsoring a step child.

Edited January 4 by Boiler