Can I apply for now my stepson, he is over 21 unmarried

[1stLoveRedo 111]

Hello All

not sure if this was discussed anywhere,

I am a USC and have married my husband in September of this year.

He has three kids, one of which is willing to come to US but he turned 21 in April of this year.

I wanted to apply for the Unmarried sons/daughters visa for him and start the process but was told by an USCIS agent that I can't do that since he can only be considered eligible under my petition if the relationship between my husband and I started when he was 15 or younger?

I haven't seen this info anywhere else

Does anyone else have an experience with this or a similar situation?

Thank you all!

[Mike-eeh and Odie 193]

21 years is unfortunately the age-out date for petitioning unmarried children.

[NigeriaorBust 4,087]

Your spouse can petition for their child as an LPR but the wait is quite long and they must remain unmarried until they get the visa or your spouse gets USC and upgrades the petition.

[Hypnos 6,576]

Stepchildren can only be petitioned by the US citizen spouse if the stepparent - stepchild relationship (i.e. the marriage) was created before they turned 18.

[jkelly07 120]

step child before you turn 18 after that it's an adult your spouse is us citizen can apply for your son 1-130 it will be a long time it takes 7 years if your son marries then it's much longer...green card you can apply for your son also.

[1stLoveRedo 111]

Thank you all!