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mariepeps28

Dcf forms for wife and stepson of US citizen petisioner

By mariepeps28 in Direct Consular Filing (DCF) General Discussion

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TM92 Proficient

TM92   527

Posted
Filed: AOS (pnd) Country: El Salvador
 Timeline
Posted
44 minutes ago, mariepeps28 said:

Hi!

Greetings!

I would like to ask a question...what are the forms we need to fill up for dcf filing?we've been married 6yrs. and he leave here since...I have 11yrs.old son from previouse,his included to the petition. Thank You!

Here are helpful links:

Get acquainted with IR-1 and IR-2 from the first link. IR-1 is for Spouse of a U.S. Citizen and IR-2 is for Unmarried Child Under 21 Years of Age of a U.S. Citizen. Also the first link mentions that you have to do 2 separate I-130 forms:

Quote

Important: If the family second preference (F2A) petition that you filed for your spouse included your minor children, now that you are a U.S. citizen you must file new and separate petitions for each child. This is because children cannot be included as “derivative applicants” on a parent’s immediate relative (IR) visa or petition. (This is different from the family second preference (F2A) petition, which allows minor children to be included in their parent's F2A petition.)

From the third link, for all green card purposes your stepchild is considered your child: "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18"

 

Info to be aware of:

But for citizenship your stepchild is not automatically considered your child. You have to either legally adopt him, https://www.uscis.gov/policymanual/Print/PolicyManual-Volume12-PartH.html:

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C. Adopted Child

 

An adopted child means that the child has been adopted through a full, final, and complete adoption. This includes certain siblings of adopted children who are permitted to be adopted while under 18 years of age.

 

A child is an adopted son or daughter of his or her U.S. citizen parent if the following conditions are met:

  • The child is adopted in the United States or abroad;
  • The child is adopted before he or she reaches 16 years of age (except for certain cases where the child may be adopted before reaching 18 years of age); and
  • The child is in the legal custody of the adopting parent or parents at the time of the adoption.

In general, the adoption must:

  • Be valid under the law of the country or place granting the adoption;
  • Create a legal permanent parent-child relationship between a child and someone who is not already the child’s legal parent; and
  • Terminate the legal parent-child relationship with the prior legal parent(s).

Or your wife has to naturalize before your stepson turns 18 and they must legally and physically reside together at that time, https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9983.html:

Quote

Sec. 320. [8 U.S.C. 1431] (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

  1. At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
  2. The child is under the age of eighteen years.
  3. The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

Otherwise, your stepson will have to naturalize on his own when he becomes an 18+ adult.

Your Input Is Appreciated On This VJ Guide Proposal: 

 

BlueDevil1442 Explorer

BlueDevil1442   23

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted (edited)

Here is a great series of guides I seen for DCF Philippines-

US SPOUSE VISA DCF PHILIPPINES GENERAL INFO

US SPOUSE VISA DCF PHILIPPINES USCIS PHASE

US SPOUSE VISA DCF PHILIPPINES EMBASSY PHASE

 

Edited by BlueDevil1442
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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