ir-2 IR-2 for a step-son, is that possible ?

[VanDerFran 10]

Hello

 

My fiance is waiting for the K1 visa process, we are discussing how is the best option to bring her son (my stepson after we marry), here after 1 or more year, someone mention IR-2 visa.

 

Not being the biological father, can I  file a petition for IR2 for him ?

 

and what is the thing of living together for 2 years as a requirement, that I read in some places, USCIS site is not clear? 

 

Thanks 

[Cyberfx1024 7,980]

5 minutes ago, VanDerFran said:

Hello

My fiance is waiting for the K1 visa process, we are discussing how is the best option to bring her son (my stepson after we marry), here after 1 or more year, someone mention IR-2 visa.

Not being the biological father, can I  file a petition for IR2 for him?

and what is the thing of living together for 2 years as a requirement, that I read in some places, USCIS site is not clear? 

Thanks 

Yes, you can bring your step son over under a IR-2 visa. Do you know if he is legitimate or illegitimate, does the father have anything to do with him at all? If he has something to do with the child then you will have to seek permission for your asawa to bring him over. If he is out of the picture then you and your wife can do whatever you want without having to worry about him. 

[NikLR 13,232]

probably cheapest option would be as a K2.  Either at the same time or within a year of her acquiring her visa.  Depending on the child's age it may be beneficial (financially) to have him AOS when she does. 

[Jojo92122 1,924]

How old is your stepson?

 

You can file for him if you marry mom before his 18th birthday in the CR-2/IR-2 category.  If you marry after his 18th birthday, you can not file for him.

 

A non-Hague adoption would require you to live together for 2 years before you could file for him as your adopted child.  That's not the case here.

[VanDerFran 10]

Child is only 6 years old and father is nower to be found... 

1 hour ago, Cyberfx1024 said:

Yes, you can bring your step son over under a IR-2 visa. Do you know if he is legitimate or illegitimate, does the father have anything to do with him at all? If he has something to do with the child then you will have to seek permission for your asawa to bring him over. If he is out of the picture then you and your wife can do whatever you want without having to worry about him. 

Father is nowhere to be found ,  some very distant relatives believe he is now married and have other kids.

[VanDerFran 10]

1 hour ago, NikLR said:

probably cheapest option would be as a K2.  Either at the same time or within a year of her acquiring her visa.  Depending on the child's age it may be beneficial (financially) to have him AOS when she does. 

K2 is  visa fee $265 + AOS $750 + medical

and

IR-2 is  i130  $420 + DS-230 $330 + medical  - AOS 

 

correct?

 

1 hour ago, Jojo92122 said:

How old is your stepson?

 

You can file for him if you marry mom before his 18th birthday in the CR-2/IR-2 category.  If you marry after his 18th birthday, you can not file for him.

 

A non-Hague adoption would require you to live together for 2 years before you could file for him as your adopted child.  That's not the case here.

6 year old

[NikLR 13,232]

8 minutes ago, VanDerFran said:

K2 is  visa fee $265 + AOS $750 + medical

and

IR-2 is  i130  $420 + DS-230 $330 + medical  - AOS 

 

correct?

 

6 year old

K2 is correct.

Ir2 is:

I-130 - 535

IV fee [ds-260] +325

Affidavit of Support fee +120

Immigrant fee [green card production] +220

=1200+medical and travel

At 6 years old it would be better for him to travel with mom and AOS at the same time.  

[Randyandyuni 2,682]

If the kid is illegitimate the father has no parental rights under Filipino law

[VanDerFran 10]

2 hours ago, Randyandyuni said:

If the kid is illegitimate the father has no parental rights under Filipino law

Is there a process or a document needed to prove that ?

[Randyandyuni 2,682]

2 hours ago, VanDerFran said:

Is there a process or a document needed to prove that ?

For a k2 visa we did not have to provide anything from the father on the 129 we just stated he was not in the picture, this provided us no problems

[NikLR 13,232]

2 hours ago, VanDerFran said:

Is there a process or a document needed to prove that ?

If his name is not on the birth certificate.  Or if they were not married when the child was born.