Petition for stepchild

[sweetapple 1]

I would like to ask for my friend. Her son was under 18 years old when she got married to a USC. Her visa still isnt approved yet and her son is 21 years old now. She would like to know if her son can go to the US with her after she gets the visa? Thanks for your help.

Edited November 10, 2010 by sweetapple

[I & G 1]

The answer is no. The son would have needed to be approved for a visa also. There would need to be a I-130 application submitted for the son as well.

Because the child was under 18 at the time of marriage that does not give him the right to enter the USA either.

[sweetapple 1]

The answer is no. The son would have needed to be approved for a visa also. There would need to be a I-130 application submitted for the son as well.

Because the child was under 18 at the time of marriage that does not give him the right to enter the USA either.

I didnt provide enough information in that last post. Her husband filed a petiton for her son too. So in this case, he still can go to the US as long as he and his mom pass the interview, although he is 21 right?

[Wayne and Claudia 40]

I didnt provide enough information in that last post. Her husband filed a petiton for her son too. So in this case, he still can go to the US as long as he and his mom pass the interview, although he is 21 right?

After 3 years they are only at the I-130 phase and they requested it 3 years ago? Please provide more detailed information as I believe we are getting into gray areas as their are exceptions if they are only waiting for an interview as compared to filing an original petition.

[pushbrk 12,881]

I didnt provide enough information in that last post. Her husband filed a petiton for her son too. So in this case, he still can go to the US as long as he and his mom pass the interview, although he is 21 right?

If he has remained unmarried, yes.