I-130 Step Child

[Malta 2]

Few questions so sorry but

1) I filed for my step son back in August so wondering if his father's name is on the birth certificate is it required to do a DNA test and if so can we do this now instead of waiting?

2)We are running into issues now that his dad is here(prefer not to give specifics) can we file for an expedite and how?

3)After my step son is here how am I viewed as far as rights for him?

 

Thank you!

[Unlockable 7,315]

1 hour ago, Malta said:

Few questions so sorry but

1) I filed for my step son back in August so wondering if his father's name is on the birth certificate is it required to do a DNA test and if so can we do this now instead of waiting?

2)We are running into issues now that his dad is here(prefer not to give specifics) can we file for an expedite and how?

3)After my step son is here how am I viewed as far as rights for him?

 

Thank you!

 

1. No. Wait until you are asked to do DNA testing. They will give you specific directions.

2. If you meet the requirements for expedite, you can apply. Expedites are not given often and may require tons of evidence. Usually those of sever medical emergencies have the best chance.

3. You can be a legal guardian. But that is more of a family court matter rather than an immigration matter. Before he can immigrate you will need the legal permission/consent from the other parent. 

[geowrian 22,338]

1. If they want a DNA test, they will request it.
2. To request an expedite on the I-130, call USCIS. They will submit the request and then request supporting evidence afterwards.
   1. You will need to expedite again at NVC as well.
   2. The criteria for expedite is quite strict and generally does not apply to a a negative influence in the child's life. If there was something like documented abuse, then there may be a better case. https://www.uscis.gov/forms/expedite-criteria
   3. Keep in mind an expedite would still result in the case taking a matter of months, not a few weeks or so.
3. This is difficult to answer as it's very broad. The simplest answer I can think of is "you would be a legal guardian".

Also, keep in mind that the biological father will likely need to sign off on the child immigrating to the US.

[Malta 2]

6 hours ago, geowrian said:

1. If they want a DNA test, they will request it.
2. To request an expedite on the I-130, call USCIS. They will submit the request and then request supporting evidence afterwards.
   1. You will need to expedite again at NVC as well.
   2. The criteria for expedite is quite strict and generally does not apply to a a negative influence in the child's life. If there was something like documented abuse, then there may be a better case. https://www.uscis.gov/forms/expedite-criteria
   3. Keep in mind an expedite would still result in the case taking a matter of months, not a few weeks or so.
3. This is difficult to answer as it's very broad. The simplest answer I can think of is "you would be a legal guardian".

Also, keep in mind that the biological father will likely need to sign off on the child immigrating to the US.

Ok this all helps Thank you! I am married to the child's father and he is here living with me in the states. The child's mother is in Foreign.

[milimelo 4,563]

The child's case will not be given a visa if consular officer has any questions on how his father came to the US. You may not want to deal with it as you say but this is the reality. 

[Malta 2]

21 minutes ago, milimelo said:

The child's case will not be given a visa if consular officer has any questions on how his father came to the US. You may not want to deal with it as you say but this is the reality. 

His father and I married years ago and is here on a permanent resident card the details has nothing to do with him it's more on the living conditions of my step son.

[NikLR 13,232]

His mother will need to consent to the child moving to the USA.  

As a step parent you at most would be a legal guardian while married and living with his father.  If you want more that's a matter for family court. 

[Malta 2]

15 minutes ago, NikLR said:

His mother will need to consent to the child moving to the USA.  

As a step parent you at most would be a legal guardian while married and living with his father.  If you want more that's a matter for family court. 

His mother has consented in fact she would like it to happen ASAP (for various reasons)thus is why I'm trying to see what I can do ahead of time if anything and if/how we expedite. 

[NikLR 13,232]

Have you read the expedite reasons on the USCIS website? Do you qualify?

[Malta 2]

On 11/28/2017 at 1:03 PM, NikLR said:

Have you read the expedite reasons on the USCIS website? Do you qualify?

I did look it over and there is one listed "emergency that is kind of vague. 

[geowrian 22,338]

12 minutes ago, Malta said:

I did look it over and there is one listed "emergency that is kind of vague. 

That it is since it's basically a catch-all. However, I will note that vagueness does not work in the requestor's favor here.