Spousal visa and her child

[Soldout3 0]

I am hopefully filing today, and before I do, I want to make sure I am filing everything properly. For my wife, I file the form Form I-130A, correct? Also, she has a son, he is 12 years old, but I am basically his father and have been his supporter since he was 3 years old. But he is not adopted yet. So, he is legally the son of my wife. So, for him I fill out the form i-130, correct,? Besides the basic documents, I just need them to provide passport photos. Do I have this right? I would hate to fill out the wrong forms.

Thank you!

[Redro 4,602]

11 minutes ago, Soldout3 said:

I am hopefully filing today, and before I do, I want to make sure I am filing everything properly. For my wife, I file the form Form I-130A, correct? Also, she has a son, he is 12 years old, but I am basically his father and have been his supporter since he was 3 years old. But he is not adopted yet. So, he is legally the son of my wife. So, for him I fill out the form i-130, correct,? Besides the basic documents, I just need them to provide passport photos. Do I have this right? I would hate to fill out the wrong forms.

Thank you!

You complete I130 and I130a for your wife

and I130 for your stepson. 

 

[Soldout3 0]

Perfect, thank you!

[Crazy Cat 39,680]

24 minutes ago, Soldout3 said:

Perfect, thank you!

Perhaps studying the VJ guide below would be helpful/  The immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  Good luck.

 

 

[Soldout3 0]

I did, I think. And there is just a lot to navigate. And some information isn't so clear. For example, according to immigration, supposedly, I am considered the childs guardian, but is that the case when filing out visa paperwork as well? I know airport immigration says yes, and they will determine that at the interview etc, but is that necessarily how I fill out the paperwork, etc. not everything is explicitly clear, you know?
I have even talked to more than one attorney, and even they need to check things.
But agreed, I am constantly looking things up as well. However, I will also ask here to be certain my interpretation is the same as how others who have done it already know it, make sense?
That said, it has been a few months since I read the guide, I should do it again.

[Crazy Cat 39,680]

31 minutes ago, Soldout3 said:

I did, I think. And there is just a lot to navigate. And some information isn't so clear. For example, according to immigration, supposedly, I am considered the childs guardian, but is that the case when filing out visa paperwork as well? I know airport immigration says yes, and they will determine that at the interview etc, but is that necessarily how I fill out the paperwork, etc. not everything is explicitly clear, you know?
I have even talked to more than one attorney, and even they need to check things.
But agreed, I am constantly looking things up as well. However, I will also ask here to be certain my interpretation is the same as how others who have done it already know it, make sense?
That said, it has been a few months since I read the guide, I should do it again.

Some members don't realize the guides are there.  I was just letting you know that there is a lot of good, basic info there.  Good luck on your journey.  Everyone is here to help.

[Soldout3 0]

23 minutes ago, Crazy Cat said:

Some members don't realize the guides are there.  I was just letting you know that there is a lot of good, basic info there.  Good luck on your journey.  Everyone is here to help.

No, you are right, I completely forgot! I am thankful you reminded me.

[pushbrk 12,245]

7 hours ago, Soldout3 said:

I did, I think. And there is just a lot to navigate. And some information isn't so clear. For example, according to immigration, supposedly, I am considered the childs guardian, but is that the case when filing out visa paperwork as well? I know airport immigration says yes, and they will determine that at the interview etc, but is that necessarily how I fill out the paperwork, etc. not everything is explicitly clear, you know?
I have even talked to more than one attorney, and even they need to check things.
But agreed, I am constantly looking things up as well. However, I will also ask here to be certain my interpretation is the same as how others who have done it already know it, make sense?
That said, it has been a few months since I read the guide, I should do it again.

First, get your legal relationship to the child correct in your mind. For immigration purposes, he is simply your stepson.

 

Even without the guide, the I-130 instructions spell out clearly what is required for spouse and what is required for a stepchild.  You will be submitting evidence of your bona fide relationship to your wife, but nothing like that for the stepson.  For him, you are simply providing evidence you are married to his mother and that he is his mother's child.  Presumably, he will travel with his mother. Whether you are traveling with them or not, is irrelevant.  

[Soldout3 0]

7 minutes ago, pushbrk said:

First, get your legal relationship to the child correct in your mind. For immigration purposes, he is simply your stepson.

 

Even without the guide, the I-130 instructions spell out clearly what is required for spouse and what is required for a stepchild.  You will be submitting evidence of your bona fide relationship to your wife, but nothing like that for the stepson.  For him, you are simply providing evidence you are married to his mother and that he is his mother's child.  Presumably, he will travel with his mother. Whether you are traveling with them or not, is irrelevant.  

Correct! Thank you. To Peru, he is not, but to the USA, he is.

[pushbrk 12,245]

19 minutes ago, Soldout3 said:

Correct! Thank you. To Peru, he is not, but to the USA, he is.

And our discussion here is in the sole context of US Immigration.  At some point later, his mother will need either permission from the biological father, for her child to immigrate permanently to the USA, or a Court Order showing she has full custody.  (Unless the father is dead, then his death certificate will do nicely)  Not needed at this stage, but you should know your plan for that even now.

[Soldout3 0]

17 minutes ago, pushbrk said:

And our discussion here is in the sole context of US Immigration.  At some point later, his mother will need either permission from the biological father, for her child to immigrate permanently to the USA, or a Court Order showing she has full custody.  (Unless the father is dead, then his death certificate will do nicely)  Not needed at this stage, but you should know your plan for that even now.

Correct. We are getting a one year permission slip from the bio father. That is the max time according to out attorney in Peru. We tried adopting, but the court system in Peru is well, as you would imagine it. The bio father wants nothing to do with him, they have never met, etc. So, he will fill out a "renuncia" which is a public statement he wants nothing to do with him, it gets filed with the court in Peru, and we provide the documents to get my boy adopted in the USA, and it SHOULD go smoothly, being I have basically been his only father he knows. He has no idea the other guy exists. He will be 12 years old at the time, so it is a good time to just explain everything to him, although with the different last name, he has some idea already, but doesn't seem to care with the exception that he wants my name.
I may ask some ignorant questions at times, but as you well know, it is hard to keep track, and I just like making extra sure how I understand things is correct.
Thank you again!

[pushbrk 12,245]

3 hours ago, Soldout3 said:

Correct. We are getting a one year permission slip from the bio father. That is the max time according to out attorney in Peru. We tried adopting, but the court system in Peru is well, as you would imagine it. The bio father wants nothing to do with him, they have never met, etc. So, he will fill out a "renuncia" which is a public statement he wants nothing to do with him, it gets filed with the court in Peru, and we provide the documents to get my boy adopted in the USA, and it SHOULD go smoothly, being I have basically been his only father he knows. He has no idea the other guy exists. He will be 12 years old at the time, so it is a good time to just explain everything to him, although with the different last name, he has some idea already, but doesn't seem to care with the exception that he wants my name.
I may ask some ignorant questions at times, but as you well know, it is hard to keep track, and I just like making extra sure how I understand things is correct.
Thank you again!

"Permission Slip"  Permission to what?  Or do you mean "renuncia" instead of or in addition to permission slip?  Anything that renounces his parental claims should work.

[Soldout3 0]

On 4/20/2024 at 7:46 PM, pushbrk said:

"Permission Slip"  Permission to what?  Or do you mean "renuncia" instead of or in addition to permission slip?  Anything that renounces his parental claims should work.

No, things are a bit more complicated than that in Peru. This is the best strategy according to the lawyer in Peru.

[pushbrk 12,245]

4 hours ago, Soldout3 said:

No, things are a bit more complicated than that in Peru. This is the best strategy according to the lawyer in Peru.

Does this lawyer understand that an immigrant visa to the USA for a Peruvian child, means it is not the other parent's choice whether the child ever leaves the USA.  The other parent may never see this child again, once they are gone.  You need to satisfy both US Immigration requirements, AND international child trafficking laws, with regard to "permission".  If you're sure, your plan will do both, carry on.