Minor Child of Permanant Resident married to US Citizen Question (merged)

[geowrian 22,338]

1 minute ago, carmel34 said:

In some cases and in some states, LPRs can qualify for public health insurance like "state insurance" without being considered a public charge violation.

More specifically (for the OP's knowledge), LPRs may or may not qualify for certain benefits depending on state rules. Medicaid is the typical program when people say "state insurance" for healthcare. Generally there is a 5 year prohibition on usage of Medicaid except in NY and CA, or with special circumstances in some other states.

Medicaid usage does not make you a public charge under current rules (which are changing soon, as you noted).

 

At the same time, the sponsor or their household using Medicaid would be a negative factor for financial sponsorship. It sounds like there are 3 people using means-tested public assistance programs in the household currently...likely an uphill battle without a joint sponsor IMO. It sounds like the parents are willing to do so here. Their ability to do so is something the CO will assess.

[jan22 3,058]

13 hours ago, SorrowL said:

To my above post:

 

by denied, I mean the Expedite request. If it is denied you can try the tourist visa route.

 

also, upon entry of your stepchild on an IR-2, if they enter before they turn 18, they automatically acquire US citizenship, however I’m not 100% sure on that.

He will not become a US citizen upon entry, as he has no biological or adoptive relationship to the US citizen step-parent.

[Penguin_ie 5,996]

On the immediate situation:
Trying for an expedite is certainly worth it. But as a second/ fall back option, look into boarding schools for the child in their local country to keep him safe and educated till his visa comes through.

[Costa Rica Visa 0]

Greetings All,

 

Can someone help me with a few questions. I am a US Citizen currently married to my husband who is from Costa Rica but has his permanant residency in the USA.  We would like to file for permanant residency for his 10 year old son.  The child mother is in agreement, but kind of paperwork/document do I need her to sign saying she agrees for him to come here as part of the i130 paperwork?

 

Secondly, I want to confirm, I the US Citizen file as the petitioner, correct? Not my husband?

[payxibka 10,047]

10 minutes ago, Costa Rica Visa said:

Greetings All,

 

Can someone help me with a few questions. I am a US Citizen currently married to my husband who is from Costa Rica but has his permanant residency in the USA.  We would like to file for permanant residency for his 10 year old son.  The child mother is in agreement, but kind of paperwork/document do I need her to sign saying she agrees for him to come here as part of the i130 paperwork?

 

Secondly, I want to confirm, I the US Citizen file as the petitioner, correct? Not my husband?

Nothing is required for the submission of the petition but a notarized permission to immigrate will be needed for the interview 

 

Either the USC ( if the stepchild relationship was created before the child was 18) or resident can petition.

[SusieQQQ 11,587]

36 minutes ago, Costa Rica Visa said:

I want to confirm, I the US Citizen file as the petitioner, correct? Not my husband?

Either can file, but it’s usually faster if the USC does. 

[Ryan H 3,828]

***Below posts merged with existing thread and another thread without replies removed.***

 

On ‎2‎/‎21‎/‎2020 at 8:58 AM, Costa Rica Visa said:

Greetings All,

 

Can someone help me with a few questions. I am a US Citizen currently married to my husband who is from Costa Rica but has his permanant residency in the USA.  We would like to file for permanant residency for his 10 year old son.  The child mother is in agreement, but kind of paperwork/document do I need her to sign saying she agrees for him to come here as part of the i130 paperwork?

 

Secondly, I want to confirm, I the US Citizen file as the petitioner, correct? Not my husband?

 

On ‎2‎/‎21‎/‎2020 at 9:10 AM, payxibka said:

Nothing is required for the submission of the petition but a notarized permission to immigrate will be needed for the interview 

 

Either the USC ( if the stepchild relationship was created before the child was 18) or resident can petition.

 

On ‎2‎/‎21‎/‎2020 at 9:35 AM, SusieQQQ said:

Either can file, but it’s usually faster if the USC does. 

 

Edited February 23, 2020 by Ryan H