Bringing my step-son to USA

[Jigar7 1]

My wife and I got married a few years ago and she is waiting to get her permanent green card. Her son who lives overseas is 17 year old and we want to apply for him to come here. Should we wait for my wife to get her green card or should I apply for it? I am a US citizen. He is currently in Iran and finishing high school.

 

1. Should we apply for him through me (US permanent resident step-father) or my wife (temporary green card holding mother)?

2. How long does it take before he would be able to obtain a visa in each scenario?

3. I already filled out the I-130 form and getting ready to mail it. Do I need to attach any other documents such as pictures/birth certificates or anything else?

4. Would I benefit from hiring an attorney? How much would it typically cost?

 

thank you

 

[Jojo92122 1,924]

1.  It would be better for you to file right now.  Your wife can only file after she immigrates, so there is no reason to waste time while she is waiting for a visa.

 

2.  An LPR parent petitioning for a 17 years old would be an F2a case where it takes 2 years for a visa.  It's the same category whether you or your wife files.

 

3.  Yes.  You will need supporting documents.  His birth certificate, your green card, and your marriage certificate.  Follow the Guides.

 

4.  Up to you if you want to hire a lawyer if you don't want to educate yourself to do this yourself.  Lawyer will probably charge $1000 to $3000 for the entire process.

[Coco8 1,042]

Why do you first say you are a US citizen and then say you are a "permanent resident"? I am guessing you are a US citizen because has a K-1. 

 

If you are a US citizen the process for your step-son would take a year, but if she applies, then it would take 2 years. So it is better for you to apply as a US citizen. 

 

Check this out:

http://www.visajourney.com/content/child

 

 

 

 

 

 

[Jojo92122 1,924]

Missed that he said he was a US citizen and a US permanent resident.  Advised him based on him being an LPR.  

 

Coco8 is correct that it would be faster for you to file if you are a USC.

[ConOfficer 167]

44 minutes ago, Jojo92122 said:

2.  An LPR parent petitioning for a 17 years old would be an F2a case where it takes 2 years for a visa.  It's the same category whether you or your wife files.

This is not accurate. The stepchild of a USC is an immediate relative - this would be an IR2 petition. 10-12 months processing time vs. 2 years for an F22. 

 

Definitely file the petition yourself as it will be much faster. 

[Jojo92122 1,924]

12 hours ago, ConOfficer said:

This is not accurate. The stepchild of a USC is an immediate relative - this would be an IR2 petition. 10-12 months processing time vs. 2 years for an F22. 

 

Definitely file the petition yourself as it will be much faster. 

The advice is correct if the OP is an LPR.  He stated he was a USC, then he was US permanent resident step-father.  The OP has not come back to clarify.

[Jigar7 1]

Sorry if I confused you all. To clarify:

 

I (husband) am a US citizen and I am the step-father.

 

My wife is a temporary green card holder, waiting for her permanent green card to arrive sometime in the next few months. (she applied for fiancé green card through me 5 years ago and subsequently applied for green card).

 

Her son (who lives with his dad in Iran) is 17 now and wants to come here and live with us. When my wife applied for fiancé visa, she did not include her son in the application because her son lived with his dad in Iran.

 

What is LPR?

[Jojo92122 1,924]

LPR is legal permanent resident which is the same as a green card holder.

 

Since you are the USC stepfather and he is under 18, it would be best if you file.  It will take about 1 year.

[Jigar7 1]

Jojo92122

Thank you very much for your help. I really appreciate it.

 

[Jojo92122 1,924]

Best of luck.

 

Just follow the Guides on VJ.