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TravisAndMichelle

Bring step son to the US - Proof

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Hello everyone

I am writing this for a friend who is trying to petition to bring his step son (wife son) to the US. Does anyone know if it would be better for him to petition or her as a per. resident? Also they were rejected one time before for not having enough evidence. When submitting the I-130 should you include letters, pictures, phone bills ect ect with the package? Any help would be greatly appreciated.

TJ

01-03-2008 ***INTERVIEW*** Thank you God!!!

01-20-2008 Received visa via Delbros (Found out the delay had to do with my request for expidte, info still needed to be input at the NVC level so held it up for a few weeks)

01-23-2008 Michelle arrived in Guam; we are so happy!!!

01-31-2008 I do, I do...we are happly married!

01-31-2009 Happy Anniversary baby!!!

02-15-2010 Send in I-751 Remove Condition

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Filed: Citizen (apr) Country: Ireland
Timeline

how old is the son?

It is rare for a child to get denied, why exactly did it get denied first time, and who filed then?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Hello everyone

I am writing this for a friend who is trying to petition to bring his step son (wife son) to the US. Does anyone know if it would be better for him to petition or her as a per. resident? Also they were rejected one time before for not having enough evidence. When submitting the I-130 should you include letters, pictures, phone bills ect ect with the package? Any help would be greatly appreciated.

TJ

it would be better if the USC will file the I-130 for the son> How old is the son and what was the reason for denial?

My hubby petitioned my 2 kids (13 and 9) and they got the IR2 visa.

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The son is 13 now and it was not approved due to lack of evidence.

Thanks for the replies.

TJ

01-03-2008 ***INTERVIEW*** Thank you God!!!

01-20-2008 Received visa via Delbros (Found out the delay had to do with my request for expidte, info still needed to be input at the NVC level so held it up for a few weeks)

01-23-2008 Michelle arrived in Guam; we are so happy!!!

01-31-2008 I do, I do...we are happly married!

01-31-2009 Happy Anniversary baby!!!

02-15-2010 Send in I-751 Remove Condition

PI_US_Flags_MichelleandI.jpg

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Filed: Citizen (apr) Country: Ireland
Timeline

We need to know what they sent in first time around, as it wasn't enough...

Did they have a birth cert?

Was a DNA test asked for between mum and son?

Did they have a letter from the biological father allowing the son to leave the country?

Letters, photos etc are really for a couple relationship, not a biological one. A couple must prove a bonafide relationship; a son is elligible to immigrate even if he's never met the father.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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The father filed for the son but the father is the step father as the mother is the biological mother. They sent in things like birth certificates, marriage certificates but no photos, letters, phone bills ect. They thought it would be good with the certificates. No letter from the biological dad and no DNA test. Thanks again for the replies.

TJ

01-03-2008 ***INTERVIEW*** Thank you God!!!

01-20-2008 Received visa via Delbros (Found out the delay had to do with my request for expidte, info still needed to be input at the NVC level so held it up for a few weeks)

01-23-2008 Michelle arrived in Guam; we are so happy!!!

01-31-2008 I do, I do...we are happly married!

01-31-2009 Happy Anniversary baby!!!

02-15-2010 Send in I-751 Remove Condition

PI_US_Flags_MichelleandI.jpg

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The father filed for the son but the father is the step father as the mother is the biological mother. They sent in things like birth certificates, marriage certificates but no photos, letters, phone bills ect. They thought it would be good with the certificates. No letter from the biological dad and no DNA test. Thanks again for the replies.

TJ

There must be another reason for denial. My USC husband file the petition for my 2 kids and there was no DNA test,, just proof of our relationship (me and the petitioner of the benefeciary) which i think what was missing in ur case.

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Filed: K-1 Visa Country: Vietnam
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The father filed for the son but the father is the step father as the mother is the biological mother. They sent in things like birth certificates, marriage certificates but no photos, letters, phone bills ect. They thought it would be good with the certificates. No letter from the biological dad and no DNA test. Thanks again for the replies.

TJ

Three things need to be proven in a case like this:

1. Proof that the mother is the biological mother of the child.

2. Proof that the mother is married to the step-father.

3. Proof that the step-father is a US citizen.

Find out which of these three things was in question when it was denied and provide solid evidence next time. No proof of any sort of relationship is required. They would rarely ask for a DNA test in a case like this, but if they did then it would be from the biological mother and not the step-father.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Timeline

Three things need to be proven in a case like this:

1. Proof that the mother is the biological mother of the child.

2. Proof that the mother is married to the step-father.

3. Proof that the step-father is a US citizen.

Find out which of these three things was in question when it was denied and provide solid evidence next time. No proof of any sort of relationship is required. They would rarely ask for a DNA test in a case like this, but if they did then it would be from the biological mother and not the step-father.

Hi,

Are there age limit for step father to sponsor step children? Does the children has to be unmarried and under certain age?

Thanks

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Filed: Country:
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Hi,

Are there age limit for step father to sponsor step children? Does the children has to be unmarried and under certain age?

Thanks

since the kid is 13 and they're already married they're fine on the age but they have until he turns 18 to get him to the US as a LPR.

Edited by Bob 4 Anna
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Filed: K-1 Visa Country: Vietnam
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Hi,

Are there age limit for step father to sponsor step children? Does the children has to be unmarried and under certain age?

Thanks

Ok, the first prerequisite for the step-father to be able to file any petition for the child is that he married the child's biological mother before the child was 18. Once that requirement has been satisfied then there are three options:

  • If the child is under 21 then they are eligible for an IR2 or CR2 visa, depending on how long the parents have been married. This is an immediate relative visa. The petition must be accepted by USCIS before the child's 21st birthday. There is no annual cap on these visas, so there is no mandatory waiting time other than normal petition and visa application processing times.
  • If the child is over 21 and unmarried then they are eligible for an F1 visa. This is a family preference visa, which means there's an annual cap and a waiting time, currently about 7 years for most countries.
  • If the child is married, regardless of age, then they are eligible for an F3 visa. This also a family preference visa, and the waiting time is currently about 10 years for most countries.

If the parents marry after the child is 18 then the step-father can't file any petition for the child. The mother, as an LPR, would have the following two options:

  • If the child is under 21 and unmarried then they would be eligible for an F2A visa. This is a family preference visa, and the waiting time is currently about 4 years for most countries.
  • If the child is over 21 and unmarried then they would be eligible for an F2B visa. This is a family preference visa, the the waiting time is currently about 11 years for most countries.

There is no option for an LPR to petition for a married child.

since the kid is 13 and they're already married they're fine on the age but they have until he turns 18 to get him to the US as a LPR.

They have until he's 21 to file the petition. The CSPA will protect his status after that. They only need to have married before he was 18.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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  • 2 months later...
Filed: Other Country: Philippines
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Ok, the first prerequisite for the step-father to be able to file any petition for the child is that he married the child's biological mother before the child was 18. Once that requirement has been satisfied then there are three options:

[*] If the child is over 21 and unmarried then they are eligible for an F1 visa. This is a family preference visa, which means there's an annual cap and a waiting time, currently about 7 years for most countries.

**is there an exception for this policy? my mom and my stepdad got married when I was only 17 and that was on the year 2000. However they didn't file my petition before I turned 21 (a letter of explanation made by my stepdad was forwarded to USCIS), petition was filed by my stepdad (USC) July 0f 2008. Luckily, petitioned was approved a month ago (May2011). Is it still under F1 Visa? Is there a fastest way to get a visa? Philippines has a long wait period for F1 visa. Please help.

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