just married

[Leaper 0]

Hello to All! I just wanted to ask, how could we include our 14 yrs old son in filing the spousal visa? what is the first step needed to bear the surname of my husband too?he is my son out of wedlock..thanks for the inputs guys!

[gretchen_darren 67]

has to go through the adoption process I think. You can list him on your cr-1. But your new husband has to adopt him into the family properly. You can do this after coming ot the states, or before coming to the states. This is one where a lawyer needs to help since it is filed in the court system.

[Deputy Purple 1,294]

has to go through the adoption process I think. You can list him on your cr-1. But your new husband has to adopt him into the family properly. You can do this after coming ot the states, or before coming to the states. This is one where a lawyer needs to help since it is filed in the court system.

Umm, NO....

Since you are now married your husband will file a separate I-130 petition for your son as his step-son which is Immediate Relative (CR/IR-2) Visa.

If you were married to the child's father you will need to get the father's written consent for him to leave the country.Since you were single when the child was born then you have full parental authority and no consent is required.

See the link in my signature.

Edited June 21, 2011 by Bob 4 Anna

[gretchen_darren 67]

he falls under the k-4 visa requirement which is why you do not need a separate i-130 for him. K-3 is for immediate spouse, k-4 is for children of the immediate spouse, children listed on the I-130 and on the I-129F.

the son does NOT qualify as a cr-1 or separate I-130 because he is NOT an immediate relative of the husband even with adoption until the USCIS recognizes it. In the I-130 part C#17, you list spouse PLUS all children of your spouse. The route you are suggesting would end up being the I-800a, then I-800 then the I-130 route. This is the wrong route.

to take the last name, your son does have to go through adoption. But that is not the same as being brought to the USA. To go the route suggested above, the husband would have to file I-800a, then I-800, then file the I-130. This is a lengthy 2 year process at the least. your spouse cannot take responsibility until the adoption is approved. This is contrary to the K-3/k-4 where responsibility has already been assumed.

She is trying two seperate things here. The one is how to take the husband's surname. That is through adoption which is a lengthy process in itself, and best done after coming to US. (be much easier) the surname for the children is NOT required for immigration k-3/k-4 status. She is merely trying to make hte family look more harmonious to those who do not know the family. She is wanting to hid e past indiscretions. This is coming from her cultural value system in the Philippines.

[Deputy Purple 1,294]

The simple route:

File for a CR/IR-2 for the son as the USC CAN bring the child to the US one an Immediate relative visa since step children qualify.

After the son has been in the US for the required time (in my State it's just 6 months) he can do a Step-parent adoption.

If the State of residence has requirements that won't allow the Step-parent adoption then you can simply file to legally change the child's name without an adoption. Every state has provisions for legal name change, even for minors.

Why complicate the matter?