AOS of stepson in the US who attends meeting?

[dm559 34]

Hi, my stepson is adjusting status here in the US (under 21)and we just got a notice which says "Request for applicant to appear for initial interview" and then it gives a list of what appears to be general stuff to bring to the interview. Documents which we already submitted with I-130 and I-485. My question is, do I (petitioner, American Citizen) am I supposed to attend the interview or just my stepson? The notice just says that if it's marriage based then the spouse has to attend, which he's not married. Also what happens at these interviews? The email notification said that it was test/interview but this notice is just initial interview. Thanks in advance.

(Side note)

(My wife is also immigrating to the US (has an approved I-130, affidavit of support) but she miscarried our child so her immigration was delayed while she recovered. This caused our son's immigration to advance further than hers. Originally we were going to live abroad and my stepson came to the US with me while I prepared for the move. Our son fell in love with the city I was living and really wanted to attend college here so my wife and I decided to move to the US instead.)

[aleful 1,905]

Hi, my stepson is adjusting status here in the US (under 21)and we just got a notice which says "Request for applicant to appear for initial interview" and then it gives a list of what appears to be general stuff to bring to the interview. Documents which we already submitted with I-130 and I-485. My question is, do I (petitioner, American Citizen) am I supposed to attend the interview or just my stepson? The notice just says that if it's marriage based then the spouse has to attend, which he's not married. Also what happens at these interviews? The email notification said that it was test/interview but this notice is just initial interview. Thanks in advance.

(Side note)

(My wife is also immigrating to the US (has an approved I-130, affidavit of support) but she miscarried our child so her immigration was delayed while she recovered. This caused our son's immigration to advance further than hers. Originally we were going to live abroad and my stepson came to the US with me while I prepared for the move. Our son fell in love with the city I was living and really wanted to attend college here so my wife and I decided to move to the US instead.)

yes, you are the petitioner, so you have to be there.

[dm559 34]

Even though he's over 18? (thank you for your reply!)what happens at these interviews? I understand what goes on when it's a married couple but I can't seem to find anything for our situation.

yes, you are the petitioner, so you have to be there.

[JimVaPhuong 4,863]

Even though he's over 18? (thank you for your reply!)what happens at these interviews? I understand what goes on when it's a married couple but I can't seem to find anything for our situation.

First, I presume you married his mother before he was 18, correct?

It's usually pretty routine for a step-child. They'll ask questions to determine his eligibility. They'll want to see original documents, including his passport, birth certificate, and the marriage certificate between you and his mother. Your situation is unusual because your step-son is immigrating before your wife, and he's adjusting status rather than getting an immigrant visa. It's not mandatory that you attend, but the IO will probably have some very pointed questions about why you chose to go this route instead of waiting for your wife and having them both immigrate at the same time. You should be there to answer those questions.

Since he hasn't been screened for immigration before they may ask for documents to prove that he is your wife's biological son. They usually ask for this sort of evidence at the immigrant visa interview in order to make sure that the "mother" isn't helping a cousin or nephew immigrate. The sort of evidence that a consular officer would want to see are things like school records, photos of mother and child while the child was growing up, etc. Since he isn't going to an immigrant visa interview then the USCIS immigration officer will probably want to see this evidence. Do you have any evidence other than his birth certificate to prove that he is your wife's biological son?

[aaron2020 11,651]

Hi, my stepson is adjusting status here in the US (under 21)and we just got a notice which says "Request for applicant to appear for initial interview" and then it gives a list of what appears to be general stuff to bring to the interview. Documents which we already submitted with I-130 and I-485. My question is, do I (petitioner, American Citizen) am I supposed to attend the interview or just my stepson? The notice just says that if it's marriage based then the spouse has to attend, which he's not married. Also what happens at these interviews? The email notification said that it was test/interview but this notice is just initial interview. Thanks in advance.

(Side note)

(My wife is also immigrating to the US (has an approved I-130, affidavit of support) but she miscarried our child so her immigration was delayed while she recovered. This caused our son's immigration to advance further than hers. Originally we were going to live abroad and my stepson came to the US with me while I prepared for the move. Our son fell in love with the city I was living and really wanted to attend college here so my wife and I decided to move to the US instead.)

Did you marry mom before your stepson's 18th birthday? Under 21 is not the criteria for petitioning a stepchild. The requirement is that the stepparent/stepchild relationship was created (through marriage to the biological parent) before the stepchild's 18th birthday.

Edited July 17, 2012 by aaron2020

[dm559 34]

Gosh, I never thought about proving he is my wife's son. Thank you, I'll get ontop of that!

First, I presume you married his mother before he was 18, correct?

It's usually pretty routine for a step-child. They'll ask questions to determine his eligibility. They'll want to see original documents, including his passport, birth certificate, and the marriage certificate between you and his mother. Your situation is unusual because your step-son is immigrating before your wife, and he's adjusting status rather than getting an immigrant visa. It's not mandatory that you attend, but the IO will probably have some very pointed questions about why you chose to go this route instead of waiting for your wife and having them both immigrate at the same time. You should be there to answer those questions.

Since he hasn't been screened for immigration before they may ask for documents to prove that he is your wife's biological son. They usually ask for this sort of evidence at the immigrant visa interview in order to make sure that the "mother" isn't helping a cousin or nephew immigrate. The sort of evidence that a consular officer would want to see are things like school records, photos of mother and child while the child was growing up, etc. Since he isn't going to an immigrant visa interview then the USCIS immigration officer will probably want to see this evidence. Do you have any evidence other than his birth certificate to prove that he is your wife's biological son?

[dm559 34]

Yes, our marriage was before he turned 18 and I even had court ordered joint custody so to be able to make educational and medical decisions. I even adopted him (I already know that doesn't give him immigration benefits, that was a family choice).

Did you marry mom before your stepson's 18th birthday? Under 21 is not the criteria for petitioning a stepchild. The requirement is that the stepparent/stepchild relationship was created (through marriage to the biological parent) before the stepchild's 18th birthday.

[dm559 34]

I just wanted to update my page. We had the interview today. Basically they just went over the application and approved it. Very simple, very quick. Thanks for all the replies!

[JimVaPhuong 4,863]

I just wanted to update my page. We had the interview today. Basically they just went over the application and approved it. Very simple, very quick. Thanks for all the replies!

Congrats!

Just curious - what sort of evidence did the IO ask to see? Did they want evidence proving he's your wife's biological son?

[dm559 34]

They asked for my son's passport, birth certificate and a copy. Then then she asked for my American birth certificate, American passport to verfy my US citizenship. She asked my son if he left the country since he submitted his application and went over all the questions on the application (are you going to engage in terrorism, sex trade, drugs, etc) she then asked him how he arrived, he said on B-2 visa and she didn't seem to care about that. The she said that she was approving our petition and that we should get the card within 30 days. When we arrived we waited just over an hour before being called back. Once there it took less than 10 min.

No requests proving he was my wife's son, she asked if my wife was here and I said no, her immigration isn't complete and she said ok. I had made an info pass appointment a few days before to ask about that and they said that since he had his on I-130 application and approval that that is what they will focus on if he qualifies (no arrests and if my marriage to his mother was done before he was 18. Since it was he's considered minor child of USC and so anyone who is eligible for immigration can apply for it.

Congrats!

Just curious - what sort of evidence did the IO ask to see? Did they want evidence proving he's your wife's biological son?

Edited August 16, 2012 by dm559