what is the process to bring step children to the U.S

[myfuture 1]

Greetings every one. My husband has been here since 2017 and we would like to bring his 14 yr old son over. His adjustment of status is not due to be filed until Nov 2018. Can I apply for him now or do we wait until the adjustment is complete.  Thanks in advance

[KazuriSana 324]

You cannot petition for the son until his father has a greencard. Or, at least once his father has a greencard, the son's would be much easier, it will be derivative. (I may be wrong, but that is what worked for our daughter. Husband got greencard, then we filed for daughter)

 

Curious, why is his AOS not due to be filed until Nov 2018?

[geowrian 22,337]

Since you married before the child turned 18 (he's only 14 still), you can file for him directly under CR-2/IR-2.

Guide: http://www.visajourney.com/content/childpet

 

I concur regarding AOS...why can't he file now? You should be able to file for him immediately as a spouse of a USC.

[myfuture 1]

AOS is affidavit of support? when I filed the original petition for my husband after we were married we included the children's information and everything but didn't pay any extra fees or anything because the children would come later. I just don't understand which paperwork and to file for the children. information is confusing.  one place I read no need to file extra paperwork it should be included. next I read file i130 I'm just confusef

[Boiler 45,519]

Best to read the guides.

[aleful 1,905]

hi

 

first of all why does he have to wait until November to file adjustment of status? Are you a US Citizen or a resident? What type of petition was filed and how is your husband here in the US

 

just because the son was mentioned doesn't mean that there is a petition filed on his behalf.

 

there are a lot of holes and until we understand the whole situation, we can't really help

[Roel 7,192]

AOS is adjustment of status. This is something you file for your spouse if they arrive on k1 visa or is it the US on any other non immigrant visa. 

 

If your spouse arrived on i130 aka spouse visa Then there is no AOS process. 

[SusieQQQ 11,586]

14 hours ago, myfuture said:

My husband has been here since 2017 and we would like to bring his 14 yr old son over. His adjustment of status is not due to be filed until Nov 2018. 

You really need to clarify this so people understand how to advise you.  

Yoru profile says DCF, is that wrong?

Are you a LPR and your husband is here on another visa waiting for his priority date to get current? If that’s not the case why is he still waiting months to file AOS when he’s been here since last year? 

If you are a USC and you married before the kid turned 16 you can sponsor the kid directly as a stepchild, but if you are USC then why haven’t you filed for your husband yet??

Edited July 14, 2018 by SusieQQQ

[SusieQQQ 11,586]

14 hours ago, BlessedAssurance said:

You cannot petition for the son until his father has a greencard. Or, at least once his father has a greencard, the son's would be much easier, it will be derivative. (I may be wrong, but that is what worked for our daughter. Husband got greencard, then we filed for daughter)

 

 

This is not true if OP is a usc, as long as can document the relationship to the stepchild she can file directly for the stepchild regardless of father’s immigration status. Geowrian mentioned this above too. Again this is IF OP is a USC, the info is confusing and OP has not clarified.

Edited July 14, 2018 by SusieQQQ

[Jen Chem 6]

On 7/13/2018 at 7:34 PM, BlessedAssurance said:

You cannot petition for the son until his father has a greencard. Or, at least once his father has a greencard, the son's would be much easier, it will be derivative. (I may be wrong, but that is what worked for our daughter. Husband got greencard, then we filed for daughter)

 

Curious, why is his AOS not due to be filed until Nov 2018?

This is wrong and I don't know why this misinformation is out there. We had a terrible lawyer that told us to wait to file for my stepson until my husband was approved (a process that took 3+ years and thousands of dollars plus a denied visa request and 10-year bar that we had to fight...). We switched lawyers when he got the 10-year bar and found out that we could have applied for his son already since I am a US citizen and he is legally my stepson... so we did in November and just barely got approved at the beginning of July. Now just waiting another 5 months to get an actual consulate interview in MX...

[Boiler 45,519]

5 minutes ago, Jen Chem said:

This is wrong and I don't know why this misinformation is out there. We had a terrible lawyer that told us to wait to file for my stepson until my husband was approved (a process that took 3+ years and thousands of dollars plus a denied visa request and 10-year bar that we had to fight...). We switched lawyers when he got the 10-year bar and found out that we could have applied for his son already since I am a US citizen and he is legally my stepson... so we did in November and just barely got approved at the beginning of July. Now just waiting another 5 months to get an actual consulate interview in MX...

OP mentioned this in their first post.

[geowrian 22,337]

On 7/14/2018 at 11:55 AM, SusieQQQ said:

If you are a USC and you married before the kid turned 16 you can sponsor the kid directly as a stepchild, but if you are USC then why haven’t you filed for your husband yet??

18*

[myfuture 1]

I guess maybe my statement was a bit confusing. my husband is here already since 2017 he came over after we were married in 2016. He is here on a conditional visa and we have to file to remove conditions in Nov.

 

[geowrian 22,337]

2 hours ago, myfuture said:

I guess maybe my statement was a bit confusing. my husband is here already since 2017 he came over after we were married in 2016. He is here on a conditional visa and we have to file to remove conditions in Nov.

So he has a 2 green card / conditional permanent residency (not a "conditional visa").

He needs to file for Removal of Conditions (ROC), not Adjustment of Status (AOS). AOS is to get a green card.

 

The information about filing for the stepchild is the same - you can do do it now fine.

Edited July 16, 2018 by geowrian