Applying for my stepson

[marimar22 0]

I am a US citizen and want to apply for my wife's son, he lives in Mexico, my wife entered to the US as a K1 holder in dec. 2006 and now we have started her AOS,EAD and AP, we know we can apply for her son as a K2, but he has decided to continue studying in mexico, the important is that we want him to visit us often and in the future move to USA permanently, so i am thinking to file for him as my stepson and start the process of I-130, since we got married before his 18th birthday, my question is that if I can apply for him filing this form while his mother is waiting for AOS? On the other hand, what forms and documents should i send when i file for my stepson?

I know I need to send the form I-130, my birth certificate, his birth certificate, my marriage certificate, divorces certificate, evidence of relationship with my stepson.

But what about photos, affidavit of support, G-325A ??

Any help would be really appreciate

[Tom 0]

Dear bradschry&samira,

The instructions on the I-130 state:

7. What Documents Do You Need to Prove a Family Relationship?

A. A husband or wife, submit the following documentation:

3) A passport-style color photo of yourself and a passport-style color photo of your husband or wife, taken within 30 days of the date of this petition. The photos must have a white background and be glossy unretouched and not mounted. The dimensions of the full frontal facial image should be about 1 inch fromt he chin to top of the hair. Using pencil or felt pen, lightly print the name (and Alien Registration Number,if known) on the back of each photograph.

4) A completed and signed Form G-325A, Biographic Information, for you and a Form G-325A for your husband or wife. Except for your name and signature you do not have to repeat on the Form G-325A the information given on your Form I-130 petition.

H. Stepparent/stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of hte marriage certificate of the stepparent to the child's natural parent showing that the marriage occured before the child's 18th birthday, and copies of documents showing that any prior marriages were legally terminated.

My interpretation of this is that photos and the G-325A are only required for a husband or wife. The affidavit of support will be required by the embassy when you apply for the immigrant visa.

At least, that is my understanding at this point.

I filed an I-130 a couple days ago for my stepson.

BEST OF LUCK!!