Bringing child under 21 to U.S.

[janet&adonis 57]

My husband came to U.S. on K1. He has adjusted his status and should be a conditional permanent resident soon once he gets 2 yr greencard. However on this applications he stated he did not have any kids, which is true. However he was recently told that a girl that he dated a long time ago has a child that looks like him. He has not declared the child as his, but wanted to know that if he does, what does he need to do to bring the child here to the u.s. Will immigration require a DNA test? He does believe that it is possible that this is his child, but does not want to go through a lot of hoops because the mom is not really pushing the fact that he is the father, and is not demanding any support. Its just that if he is his child, he would want custody.

Is it an application I-130? And how long is the wait time?

[apple21 953]

First of all, he may want to do a DNA test first for his peace of mind before filing any paperwork. That DNA test will be for his "personal use" only as USCIS has their own accredited labs for immigration purposes. Separate DNA test may be required if USCIS is not convinced of the parent-child relationship.

How old is the child exactly?

If he files as a GC holder, the process will take more or less 2 years under F2A category.

If you file as the USC step-parent (provided your marriage happened before the child's 18th birthday), the process will take more or less a year under IR2/CR2 category.

Also, depending on the laws of their country, permission from the mother may be required before the child can immigrate.

[Pitaya 2,577]

Agree with apple 21 about DNA testing.

Should also check with the US embassy/consulate of the country where the child resides.

Good luck on your immigration journey.

[janet&adonis 57]

so reading the guides, I am confused about that. Me being the U.S. citizen, I can petition for the child as a step parent? Which application and which guide would I follow? I have seen the "adoptive parent" but you have to provide proof of legal adoption.

[apple21 953]

Same as the parent. #2 under US citizens.

Edited June 25, 2015 by apple21

[apple21 953]

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative

A copy of your birth certificate or U.S. passport

If you were not born in the U.S., a copy of either:

your Certificate of Naturalization or Citizenship or

your U.S. passport

A copy of the child's birth certificate showing the child's name and the names of both parents

A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18th birthday)

A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse

Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child's birth certificate displaying the father's name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.

If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

[apple21 953]

http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents