Jump to content
Caresse33

AOS for a stepchild, could anyone provide information?

By Caresse33 in Adjustment of Status from Work, Student, & Tourist Visas

 Share

24 posts in this topic

Recommended Posts

Caresse33 Explorer

Caresse33   87

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted

Hi, my stepchild enter the USA legally on ESTA visa whilst his I-130 was filed in December 2019 and still in process. However some family issues have arise and my stepchild can’t no longer return to the UK. Can I file for adjustments for status for him and just explain the situation? How long will it take for my child to receive a green card. He is 13 years old. Thank you for your advice. 

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,842

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

This is not just an immigration issue, but a legal issue as well........Is there a court order or a document from the other parent consenting to the child's  immigration?

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Caresse33 Explorer

Caresse33   87

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
  • Author
Posted
1 minute ago, missileman said:

This is not just an immigration issue, but a legal issue as well........

What do you mean by legal issues?

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,842

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
Just now, Caresse33 said:

What do you mean by legal issues?

Is there a court order or a document from the other parent consenting to the child's  immigration?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,842

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
Just now, EmilyW said:

You need to have legal custody of the child.

and maybe even more......

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Caresse33 Explorer

Caresse33   87

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
  • Author
Posted
3 minutes ago, missileman said:

Is there a court order or a document from the other parent consenting to the child's  immigration?

There is no court order as the parent is absent since birth. I dont even know how to get in contact with him. The biological mother is here on a green card. 

3 minutes ago, EmilyW said:

You need to have legal custody of the child.

The biological mother is here, living with the child

Link to comment
Share on other sites
Caresse33 Explorer

Caresse33   87

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
  • Author
Posted

What is the procedure for absent parent? They were never married, my wife had a son when she was 19 years old. He was a teenager too and just dissapeared. 

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,842

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
1 minute ago, Caresse33 said:

There is no court order as the parent is absent since birth. I dont even know how to get in contact with him. The biological mother is here on a green card. 

The biological mother is here, living with the child

In the US, if a parent takes a child out of the country to live without the consent of parent #2, it is a felony.......Your situation might be OK.  I would certainly consult a legal counsel in UK just t be sure....good luck.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Caresse33 Explorer

Caresse33   87

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
  • Author
Posted
Just now, missileman said:

In the US, if a parent takes a child out of the country to live without the consent of parent #2, it is a felony.......Your situation might be OK.  I would certainly consult a legal counsel in UK just t be sure....good luck.

I guess my question is more if the US government will ask me for court order and such. Does anyone who apply for their stepchild in the US had to provide such document? It would be great to have example I dont want to commit a crime. I just want to make sure I have all the info beforehand.

Link to comment
Share on other sites
arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

Usually people will get a signed statement from the other parent that he/she has no problem with the child immigrating to the US. In case of missing parent, it may be better to have some sort of official document from local office/agency/court stating the sole custody of the children due to the missing other parent.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Link to comment
Share on other sites
Caresse33 Explorer

Caresse33   87

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
  • Author
Posted
6 minutes ago, arken said:

Usually people will get a signed statement from the other parent that he/she has no problem with the child immigrating to the US. In case of missing parent, it may be better to have some sort of official document from local office/agency/court stating the sole custody of the children due to the missing other parent.

What is the signed statement? Does it need to be notarised? That’s only if my wife is even able to track him down. We have no idea of his whereabouts, it’s going to be hard. 

Link to comment
Share on other sites
NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

   You need to "show" that you are effectively ( your wife ) the only parent in the child's life.  Back in the day to travel with my son I showed the court order that specifically gave me the right to keep the child from his bio donor. ( at the time the child was under a false name by court order ) 

This will not be over quickly. You will not enjoy this.

Link to comment
Share on other sites
Caresse33 Explorer

Caresse33   87

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
  • Author
Posted
47 minutes ago, Wuozopo said:

Is the biological mother the only parent named on the birth certificate?

No they are both on it

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...