I1-130 For step child

[J&J2021 25]

i was wondering if anyone has had experience with bringing a minor child using the I1-130. In this case the Step father is a born US Citizen and the mother would be a green card holder and would be married to the US citizen. What is the timeline process like and does the minor child have to have a medical exam and attend an interview at the US embassy the child at the moment is 3 years old.

 

Thanks

[payxibka 10,045]

17 minutes ago, J&J2021 said:

i was wondering if anyone has had experience with bringing a minor child using the I1-130. In this case the Step father is a born US Citizen and the mother would be a green card holder and would be married to the US citizen. What is the timeline process like and does the minor child have to have a medical exam and attend an interview at the US embassy the child at the moment is 3 years old.

 

Thanks

It's the same as any other immediate relative of a USC about 1 year give or take.  And yes, a medical will be  required for the child

[J&J2021 25]

1 hour ago, payxibka said:

It's the same as any other immediate relative of a USC about 1 year give or take.  And yes, a medical will be  required for the child

Ok thanks and 1 more question if the biological parent is still I'm the process of obtaining a green card can the USC step parent start the i1-130 or does the USC have to wait until the spouse is a green card holder even if they are legally married before the spouse obtains a green card 

[payxibka 10,045]

1 hour ago, J&J2021 said:

Ok thanks and 1 more question if the biological parent is still I'm the process of obtaining a green card can the USC step parent start the i1-130 or does the USC have to wait until the spouse is a green card holder even if they are legally married before the spouse obtains a green card 

Only requirement is the stepparent relationship has to have been created before the child's 18th birthday.  Mother's immigration status is irrelevant 

[monica7777 40]

Is your stepchild in the U.S.?

[J&J2021 25]

15 hours ago, monica7777 said:

Is your stepchild in the U.S.?

No 

[Just Paul 4,595]

The stepfather would be the fastest route.   Having the LPR mother file would take almost twice as long.

[monica7777 40]

On 3/16/2020 at 10:39 AM, J&J2021 said:

No 

We went through this process a few years ago with my son in our home country. My husband USC petitioned us at separate times (months apart). You need to file the I-130 for your step child. Because he is outside of the U.S. you will need to go through consular process, which involves applying for an immigrant visa through the National Visa Center. In our case, my son and I had to attend an interview at our Embassy; fingerprint scan and medical exam at an authorized clinic were both in our country. Due to your stepchild's age, I am not sure he is required to attend the interview. I am thinking your wife will need to go on her own. Once approved your passport is stamped with an I-551 visa for your child to enter the U.S. legally. Once you arrive in the U.S. you can proceed to request the green card and pay the fees. The GC will arrive to your address a few weeks later.

 

I hope this helps.