Petition Wife and Step-Children from Canada

[dchris 0]

I would like some clarification on petitioning by wife and step-children from Canada...

I am a US citizen and have already petitioned my Canadian wife. I am in the US and she is living in Canada. Her 3 children were 19, 17 and 12 years old at the time of our marriage. All 3 children were listed under question 17 on the I-130 petition. The petition has been approved and is currently moving through the NVC.

My questions are:

1) I have read that the original petition does not actually cover the 3 children and that I must in fact file a separate petition for each of her children (and pay the fees for each). Is that accurate?

2) I have also read that children over the age of 18 at the time of the marriage are not considered to be step-children. Can I still petition the eldest child who is now 20 years old?

Any clarification would be helpful. Thanks in advance.

[canadian_wife 1,829]

1) Yes, you must file separate petitions for each child

2) I am not sure

Do you have the permission of the children's father to bring them to the US?

Good luck

[NigeriaorBust 4,087]

Yes you must petition the minor children separately

No you can't petition the adult child as he was over 18 at the time of marriage Your wife can once she gets to the US and the adult child must remain unmarried for the petition to be valid. If your wife gets to be a USC before the petitions priority date is current she can upgrade it. If the child marries she must be a USC to petition.

[dchris 0]

Thank you for the information - very helpful.

[Jojo92122 1,924]

I would like some clarification on petitioning by wife and step-children from Canada...

I am a US citizen and have already petitioned my Canadian wife. I am in the US and she is living in Canada. Her 3 children were 19, 17 and 12 years old at the time of our marriage. All 3 children were listed under question 17 on the I-130 petition. The petition has been approved and is currently moving through the NVC.

My questions are:

1) I have read that the original petition does not actually cover the 3 children and that I must in fact file a separate petition for each of her children (and pay the fees for each). Is that accurate?

2) I have also read that children over the age of 18 at the time of the marriage are not considered to be step-children. Can I still petition the eldest child who is now 20 years old?

Any clarification would be helpful. Thanks in advance.

1) It is accurate. You must file separately for your wife and stepchildren. You will need to pay the filing fee for each.

2) No, a stepparent can not petition for stepchildren over the age of 18 at the time of the marriage. You can not petition for the eldest child because he/she was over 18 when you married mom.