Bringing stepchildren here from PI

[Mark&Fatima 14]

My wife has two young sons from a previous relationship (they weren't married). We're in the process of getting her CR-1 visa right now (still in the NVC stage). She wanted to come here first, have some time to adjust, then we'd bring the boys over later on. I've read the guides about how to file for them but there are still some things I don't understand:

Since I am not their biological father (my name doesn't show up on their birth certificates of course), can I be the one that files for them or does my wife have to do it? If either of us can, is it better for her or I to do it?

Since their biological father has nothing to do with them, never paid support, never visits them, etc. do we need to get his permission for them to leave the Philippines?

Is it too late to file their I-130's and have them come with her now? Can we delay her CR-1 and wait for their visas to "catch-up" or would we have to start everything over again (if we want them to travel together)?

How long does it take to get children's visas...about the same as our CR-1? quicker? longer?

(sorry if this is posted in the wrong forum...I wasn't sure if I should ask this in the "Bringing Family Members" section or here since it's Philippines related)

Any help is greatly appreciated!

[sunandmoon 450]

the quickest way would be for you to file now using your step parent relationship. your wife cannot file until she is here as an LPR. Even if you wife was already here, it would still be quicker for you to file using step parent relationship.

there is no permission needed for the children to leave the Philippines since illegitimate children are under the sole custody of their mother.

[020871 2]

the quickest way would be for you to file now using your step parent relationship. your wife cannot file until she is here as an LPR. Even if you wife was already here, it would still be quicker for you to file using step parent relationship.

there is no permission needed for the children to leave the Philippines since illegitimate children are under the sole custody of their mother.

I agree with sunandmoon, my daughter was petitioned by my husband as her step daughter. your wife cannot petition them unless she is already a US citizen / LPR status.

[aaron2020 11,651]

My wife has two young sons from a previous relationship (they weren't married). We're in the process of getting her CR-1 visa right now (still in the NVC stage). She wanted to come here first, have some time to adjust, then we'd bring the boys over later on. I've read the guides about how to file for them but there are still some things I don't understand:

Since I am not their biological father (my name doesn't show up on their birth certificates of course), can I be the one that files for them or does my wife have to do it? If either of us can, is it better for her or I to do it?

It is better for you to file. A US citizen stepparent can file for his/her stepchild if the marriage occurred before the stepchild's 18th birthday. An I-130 filed by you makes it an Immediate Relative case, and the child would get an immigration visa in 6-12 months. Your wife can only file after she immigrates to the US and get her green card. It would take 2-3 years for her to petition her child.

Since their biological father has nothing to do with them, never paid support, never visits them, etc. do we need to get his permission for them to leave the Philippines?

No. Under Philippines laws, an unmarried mother has sole custody. The US Embassy does not require the father's permission if the child was born out of wedlock.

Is it too late to file their I-130's and have them come with her now? Can we delay her CR-1 and wait for their visas to "catch-up" or would we have to start everything over again (if we want them to travel together)?

You can delay her case. You can also ask for the children's cases to be expedited.

How long does it take to get children's visas...about the same as our CR-1? quicker? longer?

About the same amount of time. Ask for an expedite for the children.

(sorry if this is posted in the wrong forum...I wasn't sure if I should ask this in the "Bringing Family Members" section or here since it's Philippines related)

Any help is greatly appreciated!

Edited April 4, 2012 by aaron2020

[Mark&Fatima 14]

Thank you all so much!

[aaron2020 11,651]

Thank you all so much!

Good luck.