Petition for Alien Residence for my wife

[awright5 0]

I am petitioning for my wife and she has a son (my stepson). Do I need to file a separate I-130 form for him?

[JASM 19]

Hi awright5,

It depends. How old is the son and is he unmarried? If he's under 21 years of age and unmarried I believe he can be included on the same I-130 petition as your wife. At least that's what it sounds like from reading the form instructions. But hopefully others with a bit more knowledge in this area can chime in as well.

[kris&me 572]

make sure she has the father's permission to take him out of the country on a permanent basis / some countires do no even allow the woman to say she does not know who the father is / not judging but giving you information

Get his permission in legal paperwork before you assume and try

[newacct 688]

I am petitioning for my wife and she has a son (my stepson). Do I need to file a separate I-130 form for him?

If you are a US citizen, the answer is Yes.

[aleful 1,905]

I am petitioning for my wife and she has a son (my stepson). Do I need to file a separate I-130 form for him?

It all depends if you are a USC or LPR

as said, if you are a USC, you must file separately

if you are a LPR and the child is under 21, he or she may be included in your spouses' i130

[NikLR 13,227]

Were you married before he was 18?