Bringing Wifes children to the states

[drkwtsn 0]

My wife currently has her US Greencard and we are living overseas working for the US military

Her children are with us and she has sole custody of them as proven with a document from the court from her country (thailand)

What is the best route to go for the children to obtain their visas? I have not legally adopted them as it a rather lengthy process in thailand so i was told, so I am unsure of how to proceed for them

Any help would be greatly appreciated

Thanks!

-Derek

oops forgot to to state that the children are 9 and 10 years old

Edited September 4, 2011 by drkwtsn

[drkwtsn 0]

My wife currently has her US Greencard and we are living overseas working for the US military

Her children are with us and she has sole custody of them as proven with a document from the court from her country (thailand)

What is the best route to go for the children to obtain their visas? I have not legally adopted them as it a rather lengthy process in thailand so i was told, so I am unsure of how to proceed for them

Any help would be greatly appreciated

Thanks!

-Derek

oops forgot to to state that the children are 9 and 10 years old

I should note, my wifes children were listed on the i-130 when we submitted hers

does that mean they are already approved, since it was approved when we did hers? They are listed on the i-130 and DS-230i

they were just not living with us when we did all the paperwork

thanks!

[payxibka 10,047]

I should note, my wifes children were listed on the i-130 when we submitted hers

does that mean they are already approved, since it was approved when we did hers? They are listed on the i-130 and DS-230i

they were just not living with us when we did all the paperwork

thanks!

no, they do not get automatic approval riding on the parent i-130,

Each needs a separate i-130, so you will need to submit one for each. most likely you can do this directly to the consulate where you are residing. look to the consulate website for direction on direct filing the i-130

Edited September 4, 2011 by payxibka

[Jojo92122 1,924]

I should note, my wifes children were listed on the i-130 when we submitted hers

does that mean they are already approved, since it was approved when we did hers? They are listed on the i-130 and DS-230i

they were just not living with us when we did all the paperwork

thanks!

When a US citizen petitions for a spouse, it is an Immediate Relative case. Derivative beneficiaries are not allowed in Immediate Relative cases. The children were listed for biographical purposes. The I-130 cannot benefit the children. Only the beneficiary spouse can get a visa. This case has ended.

At this point, it is faster for you to petition for the children than it is for your wife. A US citizen stepparent can petition his/her stepchild if the relationship was created before the stepchild's 18th birthday. This would be treated as an Immediate Relative case which usually takes about 6-12 months to process. When an LPR parent files for a child, it takes years for a visa to become available.

You need to file separately for the children; an I-130 for each of them.