Is it too late

[myfuture 1]

My husband got to the States 1 yr ago. My step son will be 21 in July of this year. Is it too late to file an I130 for him? He's 4 months from being 21.

Please advise, he lives in Jamaica

 

[myfuture 1]

yes my step son is listed on my husband's original petition and he is listed on the birth certificate.

[Ywjammin30 34]

I dont believe its too late based on what Ive read on the USICS website, thats the place to check for information. You all were married  before  stepson  18th birthday  ???, just start the process for him ASAP if thats what you desire.

 

Read this https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4805.html

 

also

 

Filing for stepchild

Petitioning a stepchild: No adoption required. IF a person marries a US citizen before their child's 18th birthday, the US citizen can also directly petition the person's child (as the US citizen's stepchild). There is no need for the US citizen to adopt the person's child to establish a “petitionable relationship.”

 

All the Best.

[Ywjammin30 34]

2 hours ago, myfuture said:

My husband got to the States 1 yr ago. My step son will be 21 in July of this year. Is it too late to file an I130 for him? He's 4 months from being 21.

Please advise, he lives in Jamaica

 

PETITIONER	MARITAL STATUS & AGE OF         THE BENEFICIARY	RESULT
Citizen	Unmarried and under age 21	Immediate Relative
Citizen	Unmarried and 21 or older	1     st     Family Preference
Citizen	Married (any age)	3     rd     Family Preference
LPR	Unmarried and under age 21	2a Family Preference*
LPR	Unmarried and 21 or older	2b Family Preference*
LPR	Married (any age)	Not eligible

[aleful 1,905]

on the other thread, she states that they were married when he was 19, so it is too late

 

his dad can file for him, but because he is only a LPR, the wait will be long as his son turns 21 in 4 months

 

so by the time the i130 will be approved, his son will be 21 or more. that means he will be in category F2B, child over 21 of a LPR

[geowrian 22,337]

Exactly as stated directly above this post. If the stepson relationship was established when they were 18+ years old (sounds like he was 19 at the time), then the stepparent cannot file for the stepchild. The LPR can file for their child still, but they will almost certainly age out into F2B. ETA: ~10 years. He must remain unmarried until he either gets the visa and enters on it, OR until the petitioner becomes a USC (but the wait gets even longer if he marries at that point).

[milimelo 4,479]

This case would have been perfect for K-1 visa as K-2 can be up to 21 to get into the US. 

 

Too late now, have his father petition him and wait the required number of years (F2B). Son has to remain unmarried.