I-130 USC / Child of Spouse Petition (Merged)

[0NI 114]

Can a US Citizen file I-130 for Spouse's Child even if he/she is over 18 years at the time USC and Spouse got married?

 

Thanks.

[aleful 1,905]

hi

 

nope, that's one of the requirements to file as a stepparent, the marriage has to have taken place before the child's 18th birthday

 

so the USC will have to file for spouse and then the LPR parent file for the child

 

unless the parent came on a K1 and the child can immigrate on a k2 if it has been less than a year since the parent got the k1

 

 

Edited July 8, 2019 by aleful

[payxibka 10,045]

4 hours ago, 0NI said:

Good day to all.

 

I would like to ask if we can still apply the K2 visa even if it expired after a year? And what would happen if the beneficiary's child turns 19 y/o?

 

 Can the petitioner (after getting married to the beneficiary) petition the 19 y/o child using another K2 petition?
 

Thanks.

K2 opportunity for follow to join expires one year after k1 issuance.  If that has expired then as long as the stepparent relationship was created before the child turned 18, then the USC can petition via an i130

[0NI 114]

16 hours ago, payxibka said:

K2 opportunity for follow to join expires one year after k1 issuance.  If that has expired then as long as the stepparent relationship was created before the child turned 18, then the USC can petition via an i130

What if the marriage occurred after the child turned 19. Can the USC still petition the child using I-130?

[SalishSea 17,818]

23 minutes ago, 0NI said:

What if the marriage occurred after the child turned 19. Can the USC still petition the child using I-130?

No.

[0NI 114]

If petitioner and beneficiary gets married while the beneficiary's child is 18, can they still petition her using the Form I-130 Petition for Alien Relative Child?

Edited July 9, 2019 by 0NI

[0NI 114]

If petitioner and beneficiary gets married while the beneficiary's child is 18, can they still petition her using the Form I-130 Petition for Alien Relative Child?

[payxibka 10,045]

3 hours ago, 0NI said:

If petitioner and beneficiary gets married while the beneficiary's child is 18, can they still petition her using the Form I-130 Petition for Alien Relative Child?

BEFORE the age of 18

[USS_Voyager 1,972]

5 hours ago, 0NI said:

If petitioner and beneficiary gets married while the beneficiary's child is 18, can they still petition her using the Form I-130 Petition for Alien Relative Child?

The marriage has to happen BEFORE the child turn 18. 

[Unlockable 7,314]

*** Threads of the same topic merged. Please only make one thread per topic.

 

VJ Moderation

[0NI 114]

So if USC Petitioner and Beneficiary gets married BEFORE child turns 18 (Child turning 18 next year) we can petition the child anytime? Like when the child is already 20 y/o?

 

*Child needs to stay at home country to finish school.

Edited July 11, 2019 by 0NI