Bringing minor child of Green Card holder/Stepchild of USC to USA

[Zosia 4]

My husband received his permanent residence a few months ago, after a change in status based on our marriage, following a K1 visa. 

 

He had previously been married briefly and had a young child from that marriage. At the time, his ex wife did not want to send the child to the US, and so we did not ask for a K2 or any other immigration benefits for him. We did indicate on my husband's immigration forms that the child existed, of course, and at both the K1 and AOS interviews they asked about him. We just said he was young and for living with his mother in their country, and so we weren't asking for a visa for him at that time.  

 

My husband's ex has now expressed an interest in sending him to live with us permanently. She feels it would be in his best interest, long term, and we are of course happy to have him if she agrees to it. 

 

What would be the best/easiest way to get him a green card or some other legal status in the US? He is still in elementary school. Would we just petition with my husband sponsoring him as a minor child of a green card holder? Or is there something else for the stepchild of a USC? 

 

 

[SalishSea 17,829]

8 minutes ago, svens said:

My husband received his permanent residence a few months ago, after a change in status based on our marriage, following a K1 visa. 

 

He had previously been married briefly and had a young child from that marriage. At the time, his ex wife did not want to send the child to the US, and so we did not ask for a K2 or any other immigration benefits for him. We did indicate on my husband's immigration forms that the child existed, of course, and at both the K1 and AOS interviews they asked about him. We just said he was young and for living with his mother in their country, and so we weren't asking for a visa for him at that time.  

 

My husband's ex has now expressed an interest in sending him to live with us permanently. She feels it would be in his best interest, long term, and we are of course happy to have him if she agrees to it. 

 

What would be the best/easiest way to get him a green card or some other legal status in the US? He is still in elementary school. Would we just petition with my husband sponsoring him as a minor child of a green card holder? Or is there something else for the stepchild of a USC? 

 

 

How recently was the K-1 issued?  It may be too late to include the kid as a follow-to-join K-2, but you can petition him as your stepchild.  Will take about a year I think.

Edited January 5, 2020 by Jorgedig

[Zosia 4]

3 minutes ago, Jorgedig said:

How recently was the K-1 issued?  It may be too late to include the kid as a follow-to-join K-2, but you can petition him as your stepchild.  Will take about a year I think.

The K1 was issued a long time ago, my husband arrived in the USA in March 2018. We got married right away and applied for his AOS. Due to an administrative error 🤦‍♀️, that entire process took until October 2019. 

 

At this point I think either I would have to petition for him as the stepchild of a USC, or have my husband do it as the child of a permanent resident. We weren't sure about which way is better or if it makes a difference. 

[SusieQQQ 11,586]

7 hours ago, Zosia said:

The K1 was issued a long time ago, my husband arrived in the USA in March 2018. We got married right away and applied for his AOS. Due to an administrative error 🤦‍♀️, that entire process took until October 2019. 

 

At this point I think either I would have to petition for him as the stepchild of a USC, or have my husband do it as the child of a permanent resident. We weren't sure about which way is better or if it makes a difference. 

Stepchild of usc is usually faster. 

Edited January 5, 2020 by SusieQQQ

[Zosia 4]

On 1/5/2020 at 10:04 AM, SusieQQQ said:

Stepchild of usc is usually faster. 

Thank you, that makes a lot of sense. Do you have a source on that for me to look at?

[Zosia 4]

My next question may require another thread- but if I sponsor my stepson, given that he is in elementary school, would they actually make him go to the Embassy for an interview? How does that part work? Would his mother have to go with us?- as far as I know, the interview would be in Warsaw, requiring her, the child, and my husband to all get visas to Poland for that. 

 

And would the US Embassy require any formal custody arrangement between my husband and his ex (granting him custody in their court system) or some sort of documentation indicating she agrees with taking the child out of the country to live? Currently they have no formal custody arrangement with the courts, the norm where they live is just that the kids just live with the mother and no one ever argues with it. The legal framework for custody and visitation orders does exist, but it's very rare that anyone sees the need for it or is even aware it is there. 

[NikLR 13,227]

3 hours ago, Zosia said:

My next question may require another thread- but if I sponsor my stepson, given that he is in elementary school, would they actually make him go to the Embassy for an interview? How does that part work? Would his mother have to go with us?- as far as I know, the interview would be in Warsaw, requiring her, the child, and my husband to all get visas to Poland for that. 

 

And would the US Embassy require any formal custody arrangement between my husband and his ex (granting him custody in their court system) or some sort of documentation indicating she agrees with taking the child out of the country to live? Currently they have no formal custody arrangement with the courts, the norm where they live is just that the kids just live with the mother and no one ever argues with it. The legal framework for custody and visitation orders does exist, but it's very rare that anyone sees the need for it or is even aware it is there. 

Yes the child would need an interview.  Yes the mother would need to at the very least write a notarized letter of consent saying it's okay for her child to live in the USA.  Having a custody agreement in place would also be ideal but may not be necessary.  Was your husband already paying child support?

 

 I'm not sure she understands that means she's likely not going to be able to see her child except once or twice a year and how that feels. Maybe your husband should let her know.  Even when you know you are doing what's best, it will still hurt your heart on ways I cannot describe with words. I'm not trying to deter her, or you, or your husband from doing whats best for his child, just instill the reality of the feelings that go with such decisions.

 

The reason why it's normally faster for a USC to petition a step child is because they are considered an immediate relative of the USC and a visa is available right away.  As an F2B, or child of an LPR, there is normally a wait of a visa to be available so its normally a 2 year process.  Neither has an advantage from an immigration standpoint, other than time. 

Edited January 7, 2020 by NikLR

[SusieQQQ 11,586]

3 hours ago, Zosia said:

My next question may require another thread- but if I sponsor my stepson, given that he is in elementary school, would they actually make him go to the Embassy for an interview? How does that part work? Would his mother have to go with us?- as far as I know, the interview would be in Warsaw, requiring her, the child, and my husband to all get visas to Poland for that. 

 

And would the US Embassy require any formal custody arrangement between my husband and his ex (granting him custody in their court system) or some sort of documentation indicating she agrees with taking the child out of the country to live? Currently they have no formal custody arrangement with the courts, the norm where they live is just that the kids just live with the mother and no one ever argues with it. The legal framework for custody and visitation orders does exist, but it's very rare that anyone sees the need for it or is even aware it is there. 

Pretty much “yes” to all those questions. 

[Zosia 4]

1 hour ago, NikLR said:

Yes the child would need an interview. 

Even if he is under 14? 

 

Yes, my husband has been paying child support and there was a court order for that in place. Everything is up to date on that. I don't think that getting a custody order or at least a document giving her consent to send him abroad long term will be a problem (other than the usual court red tape). 

 

She is aware that she would not see him as much, and we were a bit surprised when she told us she wanted him to come. We had planned on him having the option to choose where to live once he was high school aged, but she decided this was better for him. Of course we are willing for him to come as long as she wants that. 

 

Thank you for the explanation on why it's faster for me to sponsor him than my husband (and all the other information!)

[geowrian 22,337]

3 minutes ago, Zosia said:

Even if he is under 14?

Yes

[SusieQQQ 11,586]

3 minutes ago, Zosia said:

Even if he is under 14? 

 

 

Yes, it’s an immigrant visa, not a visit visa.

[Zosia 4]

Just now, geowrian said:

Yes

OK, good to know, just to be prepared Thank you. 

1 minute ago, SusieQQQ said:

Yes, it’s an immigrant visa, not a visit visa.

Got it, thanks!