I130 for stepchild

[Kanja 202]

Hello everyone! 
 

I am interested in filing an i130 petition for my stepson. 
 

my current husband is also a us citizen (he became a us citizen through another path, not through me). He was not aware of this child until recently, and while he accepts him- he is not interested in filing for him. I would like him to be able to come to America to have a better opportunity and be apart of his sisters lives.

 

I have a couple questions:

 

1) based on the above scenario am I able to file a petition for my stepson? 
2) do I need an “ok” or any permission from my husband? If I will need permission or any involvement from him down the line- I rather not bother as my husband likely will not participate in the process.

 

thanks in advance for your help 

[nastra30 2,314]

10 minutes ago, Kanja said:

Hello everyone! 
 

I am interested in filing an i130 petition for my stepson. 
 

my current husband is also a us citizen (he became a us citizen through another path, not through me). He was not aware of this child until recently, and while he accepts him- he is not interested in filing for him. I would like him to be able to come to America to have a better opportunity and be apart of his sisters lives.

 

I have a couple questions:

 

1) based on the above scenario am I able to file a petition for my stepson? - You can petition your step son but involving your husband is best. Don't do any secret petitioning without your husband.
2) do I need an “ok” or any permission from my husband? If I will need permission or any involvement from him down the line- I rather not bother as my husband likely will not participate in the process.- You'll ultimately down the line need both the child's biological mother and father's permission for the child to travel.

 

thanks in advance for your help 

Also, it's possible the child is even already a US citizen.

When was the child born?

When did your husband naturalize?

 

[Kanja 202]

3 minutes ago, nastra30 said:

Also, it's possible the child is even already a US citizen.

When was the child born?

When did your husband naturalize?

 

He was born in 2000 I believe 

 

my husband naturalized in 2011

[Boiler 45,859]

Reasonable to assume a DNA test will be required, how will you get around that?

 

Child over 21 will take some time.

 

How old was the child when yu married?

[Kanja 202]

True about DNA test. I didn’t realize a DNA test would be required if I was the one filing. I’d have to start discussing now to make sure he would be at least willing to participate in that. 

 

child was about 13 or 14 when we married.

 

To be honest I am not 100 percent on his age. It was a casual relationship and my husband doesn’t talk much about it. I guesstimate based on dates he’s about 20-22, I just sent money for him to get a passport so I’m sure I can confirm actual age and birthdate. I’ll just ask him.

 

Thank you for your reply! 

[Boiler 45,859]

There are other issues, I just mentioned the most obvious.

[Kanja 202]

8 minutes ago, Boiler said:

There are other issues, I just mentioned the most obvious.

Thanks a bunch! I appreciate it. 

[Kanja 202]

1 hour ago, nastra30 said:

Also, it's possible the child is even already a US citizen.

When was the child born?

When did your husband naturalize?

 

Yes, I won’t do it in secret. He’s aware, doesn’t really object- but also doesn’t want to be apart.

 

in terms of traveling he’s over 18- will he still need permission? His mom is dead and his dad (my husband) I believe would give permission if it came down to it.

 

 

[Timona 4,208]

Surprised why you're interested in the child when the dad isn't...might raise some eyebrows 

[Kanja 202]

46 minutes ago, Timona said:

Surprised why you're interested in the child when the dad isn't...might raise some eyebrows 

Thanks for your reply, do you have an actual suggestion? 
 

I am interested in the child because in my culture all children are valued despite any relationship (or lack thereof) between them and biological child. It’s also still considered my child, that’s my culture and belief. Furthermore, I still believe my children and this child deserve a relationship together.

 

If it raises red flags, I mean that’s fine. I’m sure many immigration cases do- I don’t know if that will change how the situation is approached. 

Edited August 22, 2022 by Kanja

[SteveInBostonI130 3,477]

I am not sure you can petition for the stepchild if he is over 21.

 

Your husband will need to petition for him as F1 or F3, depending on his marital status.

[Kanja 202]

1 minute ago, SteveInBostonI130 said:

I am not sure you can petition for the stepchild if he is over 21.

 

Your husband will need to petition for him as F1 or F3, depending on his marital status.

Thanks so much. I need to really confirm his age. Which would determine which route I would go (if any). Thanks for your comment! 

[Kanja 202]

Hi all,

 

I just wanted to circle back for anyone that is interested.My stepson is 19, he was 11 when we married. I just received a copy of his birth certificate.
 

Thanks everyone that gave helpful input 😊

[Family 4,113]

On 8/21/2022 at 6:02 PM, Kanja said:

On 8/21/2022 at 5:15 PM, Timona said:

Surprised why you're interested in the child when the dad isn't...might raise some eyebrows 

Thanks for your reply, do you have an actual suggestion? 
 

I am interested in the child because in my culture all children are valued despite any relationship (or lack thereof) between them and biological child. It’s also still considered my child, that’s my culture and belief. Furthermore, I still believe my children and this child deserve a relationship together.

 

If it raises red flags, I mean that’s fine. I’m sure many immigration cases do- I don’t know if that will change how the situation is approached. 

Edited August 21 by Kanja

So now that you know child is 19 and you really want too be effective in bringing him to the US, allow me to recommend you do the HARD WORK of filling out the I-130 ( whatever supporting docs you have) and ask your Husband to simply SIGN the bloody paper. ….or allow you to set up an online USCIS account on his behalf and still offer to do the work..

 

The only “ part of” or “ real involvement “ your husband needs to do is say OK Honey, As You Wish…..now , attend a DNA swab appointment and sign an I-864 down the line. 
You can actually pre-empt the DNA requirement and get it done w an accredited lab as soon as you have an I-130 receipt number. 
 

IF you, the Stepmother apply , you will need to establish/ prove that you have had a parental relationship with the boy…and based on your post..that is not realistic. 

Do the work and accomplish your goal..with husband’s involvement as limited as the conception. 

 

[Kanja 202]

25 minutes ago, Family said:

So now that you know child is 19 and you really want too be effective in bringing him to the US, allow me to recommend you do the HARD WORK of filling out the I-130 ( whatever supporting docs you have) and ask your Husband to simply SIGN the bloody paper. ….or allow you to set up an online USCIS account on his behalf and still offer to do the work..

 

The only “ part of” or “ real involvement “ your husband needs to do is say OK Honey, As You Wish…..now , attend a DNA swab appointment and sign an I-864 down the line. 
You can actually pre-empt the DNA requirement and get it done w an accredited lab as soon as you have an I-130 receipt number. 
 

IF you, the Stepmother apply , you will need to establish/ prove that you have had a parental relationship with the boy…and based on your post..that is not realistic. 

Do the work and accomplish your goal..with husband’s involvement as limited as the conception. 

 

Thanks for the solid advice. Honestly- if I explain it this way, he may realize it’s really that easy and he doesn’t have to physically do much. I will also have a deeper conversation about the situation to find out if there is an underlying reason that I am not aware of that would make him not want his son to come to America at all, if there is I would of course want to know that and consider it in this decision.

 

I had no idea you could preemptively   do the DNA, great info.

 

As a point of clarification I do have a relationship with the young man,  as do my kids. My last three trips to our country we spent lots of time

together, have tons of pictures with him and the kids, and we still communicate now through WhatsApp etc. and Send money occasionally for basic needs (nothing major as he has been living with my husbands relatives and major needs are taken care of). Also met his girlfriend and chat with her occasionally. The only thing is it’s only over the past few years since that’s when we really became aware/affirmative of the situation (there were rumors but it wasn’t confirmed/accepted until the last few years). I don’t think that was clear in earlier posts. However from an earlier reply it seems that even if I petition my husband may still have to do a DNA test, so if I can convince him to do it, it would be cleaner. I know this is a site where we all encourage not using lawyers, but if I decided to petition myself this seems like a situation that may need a lawyer.