petitioning step child who is already here in US

[TJMax 0]

Hello everybody. i've been reading this site but just now i signed up and asking for your good heart to help me with my situation.

i am a a LPR wife of a USC anyway i have a 12 yrs old son who came here to visit us (B1 visa holder) but he overstayed his visitor visa (almost a year now) before we make him legal. i understand that my husband who is a USC can petition him as a step child but is it true that my son needs to go back to our home country since he overstayed his visa? and he is deportable? then i have to wait for years?

and please forgive my ignorance i really dont know how and what to file for my son in case he can still stay here while we are fixing his papers. should my husband send i130 and i485 at the same time? how about i-864 affidavit of support and i-693 medical? do i need a lawyer? im afraid we cannot afford a lawyer at this tough times.

thank you very much for your time to read my post. God bless you.

[NigeriaorBust 4,087]

Because you married before the child was 18 your husband can petition him. His over stay should be forgiven as the stepchild of a USC. However if his father is living your petition will be denied unless the biological father consents the child immigrating. ( with a few exceptions depending on where you are from )

[TJMax 0]

Hello Nigeriaorbust thank you for your reply. Yes his father is still alive but we were not married. And he has abandoned him for a long time. No communication at all although my son is carrying his surname.

[NigeriaorBust 4,087]

What country is the child from ? There are country specific ways of dealing with this

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[nep28 2]

Yes he can petition for your child. My husband petition for my children 7 and 13 in November 2013. Yes file 864 and 693 too. They di biometrics in December. Now waiting............