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pm5k

Derivative status - step child of F4

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Beneficiary has one child, and is married to a person who has a child from their first marriage.  Does that child (step child) qualify for derivative status (child of F4)? 

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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Filed: F-2A Visa Country: Philippines
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How old was the stepchild when the marriage happened?

Edited by apple21
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11 hours ago, apple21 said:

How old was the stepchild when the marriage happened?

Not sure exactly, but maybe less than 6

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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There were no custody changes or a formal adoption.  The step child is technically raised by both divorced birth parents. 

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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3 hours ago, pm5k said:

There were no custody changes or a formal adoption.  The step child is technically raised by both divorced birth parents. 

Assuming the stepchild is under 21 and unmarried then he/she will qualify as a derivative. You may need to get formal authorization from the other parent that the child has permission to emigrate before a visa can be granted, so be sure to check this angle with the laws of your country/embassy as to what is required.

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