Stepchildren using CR-1

[Mintosman 11]

The 18yr old wasn't anxious to come to the USA. They will take 4 years to finish university.  I thought the mom can apply after she is adjusted here, maybe in a few years if the child changes their mind. 

[Boiler 45,486]

22 and heading their own way be then.

[Unlockable 7,314]

6 minutes ago, Mintosman said:

The 18yr old wasn't anxious to come to the USA. They will take 4 years to finish university.  I thought the mom can apply after she is adjusted here, maybe in a few years if the child changes their mind. 

Then the 18year old would be considered an adult by immigration definition and will have to find their own way to the US.

 

Mother would not be able to adjust his status by then.

 

Also, if you married the mother after he turned 18 it changes everything.

[Mintosman 11]

We married when they were 18. So the mother would have to apply after they are 21 and then it could take long is what I read.

[dwheels76 5,468]

1 minute ago, Mintosman said:

We married when they were 18. So the mother would have to apply after they are 21 and then it could take long is what I read.

Are you a citizen or LPR?

[Boiler 45,486]

6 minutes ago, Mintosman said:

We married when they were 18. So the mother would have to apply after they are 21 and then it could take long is what I read.

Mother can apply anytime after she becomes a LPR, which may be close to 21 anyway.

[pushbrk 12,882]

Note that you are filing "Petition for Alien Relative".  You are not applying for anything.  When your petitions are approved, the second step is for the intending immigrants to apply for visas.  We use "terminology" here, so it is best to learn it and use it.

 

The logistics of having all three of them arrive at separate times or two separate times gets complicated.  A 10 year old is not going to travel, get a medical and go to an interview by themselves.  If Mom is already in the US, she'll have to go back for the child.  That can get expensive.  Probably best to do them all together, so the cases are kept together.  If you can't afford three fees now, wait until you can.  There are more fees to plan for later in the process.

[Mintosman 11]

3 hours ago, dwheels76 said:

Are you a citizen or LPR?

Citizen. 

[JFH 12,190]

18 hours ago, Mintosman said:

In filling out the application it asks for the beneficiary's children. She has 3 kids, one of which is over 18 and is in University. Obviously we are not including that child in our application.

You MUST include all of the beneficiary’s children on the petition. It’s not asking who wants to immigrate. It’s asking if she has children. So answer the question correctly, even if the children are fully grown adults. Don’t make assumptions as to the reason behind the question. You have assumed the reason for the question relates to children coming with the beneficiary. That’s not the case. 

[Mintosman 11]

Must the minor children have a passport at time of application?

[geowrian 22,337]

2 hours ago, Mintosman said:

Must the minor children have a passport at time of application?

At the time of petition, no.

I'm not 100% if it's needed for the DS-260 off-hand, but I would assume so. But that's close to a year out from petitioning, so they have plenty of time to get one.

[S&J2013 117]

Another thing to bear in mind is permission from their bio dad for the step children to move to America too. Depending which country they are moving from you will need some form of written permission for that before the interview stage too.

[Mintosman 11]

34 minutes ago, S&J2013 said:

Another thing to bear in mind is permission from their bio dad for the step children to move to America too. Depending which country they are moving from you will need some form of written permission for that before the interview stage too.

Yes, thank you.