Filing for stepchild

[Tarisus517 2]

Hi guys, last year I married my wife and she has a kid with a different biological father(I’m not the father). The child is under 18 when we were married. I’d assume I should file for both the child and my wife at the same time. 
 

my worry is that if her biological father won’t give her up and she turns 18. Can my wife still attempt to file for her if she turns 18? 

[nastra30 2,287]

3 hours ago, Tarisus517 said:

Hi guys, last year I married my wife and she has a kid with a different biological father(I’m not the father). The child is under 18 when we were married. I’d assume I should file for both the child and my wife at the same time. - Yes if you are a USC, you will file two separate petitions for both. If the child's father also has legal custody then his permission is needed before the child can immigrate.
 

my worry is that if her biological father won’t give her up and she turns 18. Can my wife still attempt to file for her if she turns 18? - Yes, imo if local law says you are an adult at 18+ and make decisions for yourself, then you should be able to travel without parental consent.

 

[pushbrk 12,898]

14 hours ago, Tarisus517 said:

Hi guys, last year I married my wife and she has a kid with a different biological father(I’m not the father). The child is under 18 when we were married. I’d assume I should file for both the child and my wife at the same time. 
 

my worry is that if her biological father won’t give her up and she turns 18. Can my wife still attempt to file for her if she turns 18? 

Nothing stops you from filing the petition, but the child cannot immigrate without the father's permission, a court ordering full custody to the mother, or age 18.  How old is the child now?  

[Tarisus517 2]

3 hours ago, pushbrk said:

Nothing stops you from filing the petition, but the child cannot immigrate without the father's permission, a court ordering full custody to the mother, or age 18.  How old is the child now?  

The child is currently 9. If her biological father doesn’t allow this. If the child turns 18, then she can decide herself?

[pushbrk 12,898]

15 minutes ago, Tarisus517 said:

The child is currently 9. If her biological father doesn’t allow this. If the child turns 18, then she can decide herself?

By international child trafficking laws, yes.  By local laws,  you'll need to check.  Court ordered full custody is the other option.  Parents are wise to be fully informed on these issues before marrying foreigners.

[seekingthetruth 1,246]

28 minutes ago, pushbrk said:

By international child trafficking laws, yes.  By local laws,  you'll need to check.  Court ordered full custody is the other option.  Parents are wise to be fully informed on these issues before marrying foreigners.

Was you wife married to the father and received an annulment?  If so, check the annulment papers to see if custody is mentioned.  That was our situation and my wife's annulment gave her custody.

 

If your wife was not married to the father, then the relationship of the child to father means something.  Are they close?  If not, the father might be "persuaded" to sign permission with a gift, if needed.

[Tarisus517 2]

On 4/25/2022 at 11:10 AM, seekingthetruth said:

Was you wife married to the father and received an annulment?  If so, check the annulment papers to see if custody is mentioned.  That was our situation and my wife's annulment gave her custody.

 

If your wife was not married to the father, then the relationship of the child to father means something.  Are they close?  If not, the father might be "persuaded" to sign permission with a gift, if needed.

They were married at one point. I just checked local laws. The local laws require both signatures for a child to leave the country.

Edited April 29, 2022 by Tarisus517
Additional reply

[Tarisus517 2]

On 4/25/2022 at 10:30 AM, pushbrk said:

By international child trafficking laws, yes.  By local laws,  you'll need to check.  Court ordered full custody is the other option.  Parents are wise to be fully informed on these issues before marrying foreigners.

I’m assuming I can wait 9 years until the child turns 18. I read kids have to be under 18 when I marry their mother. Kid can still come over later?

[seekingthetruth 1,246]

2 hours ago, Tarisus517 said:

They were married at one point. I just checked local laws. The local laws require both signatures for a child to leave the country.

If she was married in the Philippines and then married you, then there must be an annulment of the first marriage.  What does the annulment say about custody of the child?

 

Edit: For some reason I thought this was the Philippines.  Sorry if I was mistaken.

Edited April 29, 2022 by seekingthetruth

[pushbrk 12,898]

8 hours ago, Tarisus517 said:

I’m assuming I can wait 9 years until the child turns 18. I read kids have to be under 18 when I marry their mother. Kid can still come over later?

Again, local laws govern when the child can make those decisions, but usually that's 18.

[Tarisus517 2]

18 hours ago, seekingthetruth said:

If she was married in the Philippines and then married you, then there must be an annulment of the first marriage.  What does the annulment say about custody of the child?

 

Edit: For some reason I thought this was the Philippines.  Sorry if I was mistaken.

This is for FuZhou, China. The older child is under my wife and the younger child is under the father. They were married.

[pushbrk 12,898]

9 hours ago, Tarisus517 said:

This is for FuZhou, China. The older child is under my wife and the younger child is under the father. They were married.

What do you mean by "under".  Do you mean one has full custody of one and one full custody of the other?  If so, then the one in the full custody of the father needs his permission, a new court order giving full custody to you wife, permission to immigrate to the USA permanently from the father, or to wait until age 18 or death of the father, whichever comes first.  These things are pretty cut and dried.

[Tarisus517 2]

15 hours ago, pushbrk said:

What do you mean by "under".  Do you mean one has full custody of one and one full custody of the other?  If so, then the one in the full custody of the father needs his permission, a new court order giving full custody to you wife, permission to immigrate to the USA permanently from the father, or to wait until age 18 or death of the father, whichever comes first.  These things are pretty cut and dried.

Correct, I read even if a child is under one parents custody, both parents are still required to sign. But yes, older kid is under my wife’s custody and the father has younger child’s custody. 

[pushbrk 12,898]

1 hour ago, Tarisus517 said:

Correct, I read even if a child is under one parents custody, both parents are still required to sign. But yes, older kid is under my wife’s custody and the father has younger child’s custody. 

Court ordered full custody does away with the need for permission from the other parent, but they can always go to court to change the order.  Best not to keep secrets from the other parent.

[Tarisus517 2]

37 minutes ago, pushbrk said:

Court ordered full custody does away with the need for permission from the other parent, but they can always go to court to change the order.  Best not to keep secrets from the other parent.

Thank you all for the inputs, we’re gonna try to convince him in some way.