Stepchildren: Some Questions & Answers

[sdw 10]

It was requested with my kids IV application.

[papazote 0]

My wife and I are considering adopting her niece, she is 9 years old and is from Honduras. She is my wife's younger sisters daughter, she was never married to the girls father, he abandoned them but would be willing to release his custody and so would she. Does anyone know if, under these circumstances, she would be eligible to emigrate to the us? Please help us .

[FaSa2008 0]

can child travel alone ? when the visa is approved can my stepdaughter enter the POE alone ... do we need special permision with that to eneter??

I appreciate having access to the valuable information available on the VJ website. Words cannot express how grateful I am to those who have come before us and shared their experiences. I am writing these questions and answers, because it seems like there is a lack of information specifically related to immigrating step-children on the VJ site. These questions only relate to an IR2/CR2 Visa case for a step-child under the age of 16 who was conceived in wedlock. If anyone has information on immigrating with step-children who were conceived outside of wedlock (DNA testing may be required), cases for step-children over 16 years old at the time of marriage to USC, or has anything to add, please feel free to include here in a reply. Due to a number of differences, information related to adopted children should be saved under a separate post or area on VJ. My hope is that this information helps others to bring their families back together just as soon as possible.

Some Questions & Answers related to Immigrating Step-Children

Q1. I am a USC/Legal Permanent Resident who just married someone from another country (Immigrating Spouse), and they have children from a previous marriage. These children were all under age 16 years when we got married. Can they immigrate with my spouse?

A1. Yes, as long as your spouse has full custody AND is allowed to take the children outside of their home country to live; OR the other biological parent is willing to write/sign a statement allowing the children to immigrate to the U.S. See question #6 below for more information on this, and see attached for a parental consent template.

Q2. Do I need to file more than one I-130 Petition for Alien Relative? If so, do I need to pay more than one petition fee (currently $355)?

A2. Yes, you need to file a separate I-130 Petition for your spouse, and another one for each child. A separate fee (currently $355) is due for each I-130 Petition filed.

Q3. My step-children are minors. Who signs their G-325A Biographic Information and DS-230 Application for Immigrant Visa?

A3. According to NVC operators, their immigrating biological parent (spouse of the USC) can sign the USCIS and NVC forms for their children.

Q4. At the NVC stage, do I need to make separate AOS and IV payments for my spouse and each immigrating child?

A4. Since you will be filing I-864’s Affidavits of Support for related cases, the NVC only requires one AOS payment (currently $70). However, you will need to make separate IV payments (currently $400 each) for your spouse and each immigrating child, and complete a separate DS-230 Application for each individual.

Q5. When completing the DS-230 Application, the instructions say to include an Original Marriage Certificate. Do I need to include two original marriage certificates, i.e. one with my spouse’s DS-230 Application and another one with my child’s DS-230 Application?

A5. No, an Original Marriage Certificate is only required with your spouse’s DS-230 Application.

Q6. The NVC is asking for custody documentation with the DS-230 Application. Since my spouse does not have sole custody with the ability to take the child outside of the country, do we need to get a statement showing parental consent from my spouse’s ex, the other biological parent of my step-child? If so, what needs to be included in a declaration like this?

A6. This parental consent statement is like a spousal affidavit, including personally identifiable information about the person making the statement, as well as, the beneficiaries (and how they are related to the person making the statement) and the petitioner. It should also be notarized/authenticated, i.e. signed in the presence of a notary or other authorized official. One statement can cover multiple children, and it should include an affirmation authorizing the children to travel outside of their home country, immigrate to the U.S., and that the contents included are true. It should also be broad in scope and long-term for multiple entries and exits. Please refer to the laws of the applicable country to determine other items that may be needed upon departure from the home country, i.e. documentation at the airport. One last suggestion is to get multiple originals signed and notarized. Please see attached for a sample affidavit from the non-immigrating biological parent (input your own information where the font is blue in color).

Q7. When mailing petitions, applications, and other packets of information for related cases to the USCIS or NVC, do I need to send everything together in one package or in separate packages?

A7. It is best to send petitions, applications, and other items for related cases together in one package, especially if the relatives will be traveling together. This will ensure that the cases are processed simultaneously. Inside the package being sent, information can be segregated and held together using a separate binder clip for each individual’s items with the applicable barcoded document cover sheet included on top for each specific case.

Q8. When traveling to the U.S. for the first time since the VISA was issued, do my spouse and step-children need to enter the U.S. at the same time?

A8. No, the step-children can follow your spouse, and enter the U.S. at a later date. However, you may want to make this decision early, because you will need to answer a question about this on the DS-230 Application. Also keep in mind that the issued VISA’s are only good for a certain time period, and this may increase travel costs for your spouse to return to their home country to get their children, so that they are not alone while traveling and at the POE.

Now, for the Disclaimer: Information is provided for your convenience only. I cannot guarantee the accuracy of this information since I am not an attorney and although I went to great lengths to make sure the information is accurate, I recommend that you consult an attorney if you want professional assurance that the information, and your interpretation of it, is appropriate to your particular situation.

[aaron2020 11,651]

My wife and I are considering adopting her niece, she is 9 years old and is from Honduras. She is my wife's younger sisters daughter, she was never married to the girls father, he abandoned them but would be willing to release his custody and so would she. Does anyone know if, under these circumstances, she would be eligible to emigrate to the us? Please help us .

You have two options;

1. Move to Honduras. Adopt your niece. Live there with her for two years where you exercise primary control over your adopted child. By establishing a true parent/child relationship, you show that adopting her is not merely a convenience to immigrate a person who you otherwise could not petition for.

2. Prove that dad is dead AND mom cannot care for child at the standard for Hondurans. Mom merely being poor is not enough to show that she can't care for her child. You need to show why mom cannot adequately care for her child. This option is not available if both parents are alive. Since you are petitioning for your adopted child, it will be your burden to prove that dad is dead AND mom is not capable for caring for her child in accordance with Honduran standards.

[John and Ann 10]

I appreciate having access to the valuable information available on the VJ website. Words cannot express how grateful I am to those who have come before us and shared their experiences. I am writing these questions and answers, because it seems like there is a lack of information specifically related to immigrating step-children on the VJ site. These questions only relate to an IR2/CR2 Visa case for a step-child under the age of 16 who was conceived in wedlock. If anyone has information on immigrating with step-children who were conceived outside of wedlock (DNA testing may be required), cases for step-children over 16 years old at the time of marriage to USC, or has anything to add, please feel free to include here in a reply. Due to a number of differences, information related to adopted children should be saved under a separate post or area on VJ. My hope is that this information helps others to bring their families back together just as soon as possible.

Some Questions & Answers related to Immigrating Step-Children

Q1. I am a USC/Legal Permanent Resident who just married someone from another country (Immigrating Spouse), and they have children from a previous marriage. These children were all under age 16 years when we got married. Can they immigrate with my spouse?

A1. Yes, as long as your spouse has full custody AND is allowed to take the children outside of their home country to live; OR the other biological parent is willing to write/sign a statement allowing the children to immigrate to the U.S. See question #6 below for more information on this, and see attached for a parental consent template.

Q2. Do I need to file more than one I-130 Petition for Alien Relative? If so, do I need to pay more than one petition fee (currently $355)?

A2. Yes, you need to file a separate I-130 Petition for your spouse, and another one for each child. A separate fee (currently $355) is due for each I-130 Petition filed.

Q3. My step-children are minors. Who signs their G-325A Biographic Information and DS-230 Application for Immigrant Visa?

A3. According to NVC operators, their immigrating biological parent (spouse of the USC) can sign the USCIS and NVC forms for their children.

Q4. At the NVC stage, do I need to make separate AOS and IV payments for my spouse and each immigrating child?

A4. Since you will be filing I-864’s Affidavits of Support for related cases, the NVC only requires one AOS payment (currently $70). However, you will need to make separate IV payments (currently $400 each) for your spouse and each immigrating child, and complete a separate DS-230 Application for each individual.

Q5. When completing the DS-230 Application, the instructions say to include an Original Marriage Certificate. Do I need to include two original marriage certificates, i.e. one with my spouse’s DS-230 Application and another one with my child’s DS-230 Application?

A5. No, an Original Marriage Certificate is only required with your spouse’s DS-230 Application.

Q6. The NVC is asking for custody documentation with the DS-230 Application. Since my spouse does not have sole custody with the ability to take the child outside of the country, do we need to get a statement showing parental consent from my spouse’s ex, the other biological parent of my step-child? If so, what needs to be included in a declaration like this?

A6. This parental consent statement is like a spousal affidavit, including personally identifiable information about the person making the statement, as well as, the beneficiaries (and how they are related to the person making the statement) and the petitioner. It should also be notarized/authenticated, i.e. signed in the presence of a notary or other authorized official. One statement can cover multiple children, and it should include an affirmation authorizing the children to travel outside of their home country, immigrate to the U.S., and that the contents included are true. It should also be broad in scope and long-term for multiple entries and exits. Please refer to the laws of the applicable country to determine other items that may be needed upon departure from the home country, i.e. documentation at the airport. One last suggestion is to get multiple originals signed and notarized. Please see attached for a sample affidavit from the non-immigrating biological parent (input your own information where the font is blue in color).

Q7. When mailing petitions, applications, and other packets of information for related cases to the USCIS or NVC, do I need to send everything together in one package or in separate packages?

A7. It is best to send petitions, applications, and other items for related cases together in one package, especially if the relatives will be traveling together. This will ensure that the cases are processed simultaneously. Inside the package being sent, information can be segregated and held together using a separate binder clip for each individual’s items with the applicable barcoded document cover sheet included on top for each specific case.

Q8. When traveling to the U.S. for the first time since the VISA was issued, do my spouse and step-children need to enter the U.S. at the same time?

A8. No, the step-children can follow your spouse, and enter the U.S. at a later date. However, you may want to make this decision early, because you will need to answer a question about this on the DS-230 Application. Also keep in mind that the issued VISA’s are only good for a certain time period, and this may increase travel costs for your spouse to return to their home country to get their children, so that they are not alone while traveling and at the POE.

Now, for the Disclaimer: Information is provided for your convenience only. I cannot guarantee the accuracy of this information since I am not an attorney and although I went to great lengths to make sure the information is accurate, I recommend that you consult an attorney if you want professional assurance that the information, and your interpretation of it, is appropriate to your particular situation.

Most of this is pretty accurate; just the fees need to updated; as the petition fee is now raised from 355- $420each; but the visa applic fee is lowered to $230each. We do have a affadavit form from the biological father, that also states my address where my wife's minor child will live in USA; so it was made specifically for our 130 petition; I'd highly recommend getting this form done as early as possible before marriage. When the bio father found out she was really getting married, 2 days before, he threaten to kidnap the child, and did all he could to ruin the wedding, and kept harrassing us after the wedding. Jealousy will change a persons mind.....in any country, and any language, love hurts others sometimes and the worst comes out in people. So we hope we have our document, which was drawn up by an attorney, and the bio father was asked to come to his office to sign it, in front of them. This is the reason sometimes an attorney is best used. My wife said, "EAM would never be like or do anything like that"....she was wrong about a person she knew 7 years, so its best to get an attorney, even if you think you'll have no problems. I know now, he'll refuse to cooperate if there is anything else he needs to sign, HE WILL NOT, and we'll be screwed! So we're hoping we've done all the homework we needed to for it, and the NVC and USEB MNL doesn't give us any problems about it.

[mommy 0]

I am here living in the US with my USC husband. I adjusted status and have my green card now. We have 2 separate i130's approved, with my USC husband as the sponsor/petitioner with our 5 and 8 year olds as his step children. We will be complete with nvc any day and we are ready to schedule our interview at the US embassy in Manila. Who needs to go for their interview? I know the children go, but do we both go for the interview? Can just me or my husband go alone with out the other one also going?

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America forum.

[mommy 0]

I am here living in the US with my USC husband. I adjusted status and have my green card now. We have 2 separate i130's approved, with my USC husband as the sponsor/petitioner with our 5 and 8 year olds as his step children. We will be complete with nvc any day and we are ready to schedule our interview at the US embassy in Manila. Who needs to go for their interview? I know the children go, but do we both go for the interview? Can just me or my husband go alone with out the other one also going?

bump

[mommy 0]

I am here living in the US with my USC husband. I adjusted status and have my green card now. We have 2 separate i130's approved, with my USC husband as the sponsor/petitioner with our 5 and 8 year olds as his step children. We will be complete with nvc any day and we are ready to schedule our interview at the US embassy in Manila. Who needs to go for their interview? I know the children go, but do we both go for the interview? Can just me or my husband go alone with out the other one also going?

One more question, can we have my sister take our 5 and 8 year olds to the interview for us? That way they could have their Visas in hand and ready when we would arrive to pick them up. If this is possible we could use our small amount of vacation days better when we pick them up. That way we can take the kids to Disney in Hong Kong on our way back to there new home in the US.