IR1/CR1 - Step-child

[Cesar & Cata 35]

What is the status of a new stepchild (age:12) of a USC when requesting his wife with the I130?

I assume she gets to travel on a immigrant visa with her mother and gets LPR status upon arrival at a US POE.

But now I sit here and think, wouldn't this child, the stepchild of a USC be eligeble for naturalization by way of form N600?

[pgupta 19]

What is the status of a new stepchild (age:12) of a USC when requesting his wife with the I130?

I assume she gets to travel on a immigrant visa with her mother and gets LPR status upon arrival at a US POE.

But now I sit here and think, wouldn't this child, the stepchild of a USC be eligeble for naturalization by way of form N600?

You need to file a separate I-130 for your step child. step child will need a visa to travel with her mother. i dont think step child is eligible for N-600 since it is conditional based on her mother marriage.

Edited August 26, 2012 by pgupta

[kmarion1968 5]

What is the status of a new stepchild (age:12) of a USC when requesting his wife with the I130?

I assume she gets to travel on a immigrant visa with her mother and gets LPR status upon arrival at a US POE.

But now I sit here and think, wouldn't this child, the stepchild of a USC be eligeble for naturalization by way of form N600?

You need to file a seperate i-130 for the stepchild, this is correct !!! been there done that....

[pushbrk 12,883]

You need to file a seperate i-130 for the stepchild, this is correct !!! been there done that....

Absolutely. The stepchild's process mirrors the spouse's process. Only a slight difference in supporting paperwork. Same is true all the way through to citizenship.

If you didn't file two I-130 petitions in June, get that second one filed ASAP and reference the spouse case number. They may or may not join them to be processed together but you can ask. If USCIS won't do it, you can hold on the spouse petition at NVC until the child's catches up. NVC will then join them.

Edited August 26, 2012 by pushbrk

[aaron2020 11,651]

What is the status of a new stepchild (age:12) of a USC when requesting his wife with the I130?

I assume she gets to travel on a immigrant visa with her mother and gets LPR status upon arrival at a US POE.

When a USC files for his wife, only his wife is eligible for a visa since this is an Immediate Relative case. No one else qualifies for a visa because derivative beneficiaries are not allowed in Immediate Relative cases.

Your wife's daughter (your stepchild) is not eligible for any status based on the I-130 for your wife. Your stepdaughter will not be able to immigrate to the US without her own immigration visa.

You must file a separate I-130 for your stepdaughter.

But now I sit here and think, wouldn't this child, the stepchild of a USC be eligeble for naturalization by way of form N600?

No. The child must be a biological child or adopted child to gain US citizenship from a parent. A stepchild can never get US citizenship from a stepparent. If the stepparent legally adopts the stepchild, thus making him/her an adopted child, then the adopted parent can pass US citizenship to the adopted child.

P.S. Naturalization is reserved for those over 18. It's a process and not just a form. Minors don't naturalize. A minor would derive US citizenship from a parent.

[beejay 123]

Children derive citizenship through their biological parent, not their stepparent. Even then there are requirements that must be met before US citizenship can be 'passed on'.

As others have said you need to file a separate I-130 for your stepchild.

Hope you can get the cases joined up.

Good luck.

[Cesar & Cata 35]

Thanks for all the responses.

Just to clarify, my wife doesn't have any children.

This was a question for my MIL who is also about to begin her own I-130 (and daughter's) journey, she and her fiance have been dating for almost a year and are going to get married late Sep.

Again, thanks for all the replies.

[pushbrk 12,883]

Thanks for all the responses.

Just to clarify, my wife doesn't have any children.

This was a question for my MIL who is also about to begin her own I-130 (and daughter's) journey, she and her fiance have been dating for almost a year and are going to get married late Sep.

Again, thanks for all the replies.

Great.

Edited August 27, 2012 by pushbrk