I130 for stepchild

[Family 3,988]

27 minutes ago, Kanja said:

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. 
 

Now that provide the background, know that you have abundant proof of the required evidence to file on your own relationship ( no matter that it’s a few years). Trips, photos , texts,  letters from relatives , from the child are solid.

That relationship you and your children established does outlast a divorce ( God forbid) for immigration purposes.

 

https://dnacenter.com/immigration-dna-tests/?gphone=1.800.310.9106&gclid=CjwKCAjwpKyYBhB7EiwAU2Hn2ZFbcl9ef1jbwjAkmwUiM2GLFz4QqU3k3Gt3b0AziGeiSpkwlGo8CRoCxAgQAvD_BwE

 

Husbands DNA will be required just because I assume his name is not on birth certificate.

 

Getting DNA done is as simple as contacting an accredited lab ( call and email after u have I-130 receipt number  ) and paying a less than $1k . They arrange a 5 minute swab collection for hubby close by , an appointment for child overseas and then send the results directly to USCIS.

 

You can do this DIY and save that $$ for young man to start life in the US. …but only you know how to get your husband on board so he can get past whatever the emotional block / fears he may have. If he is a good husband and good father to your family…then all he needs to do is trust your instincts , generosity and humanity. 

 

[Kanja 201]

6 minutes ago, Family said:

Now that provide the background, know that you have abundant proof of the required evidence to file on your own relationship ( no matter that it’s a few years). Trips, photos , texts,  letters from relatives , from the child are solid.

That relationship you and your children established does outlast a divorce ( God forbid) for immigration purposes.

 

https://dnacenter.com/immigration-dna-tests/?gphone=1.800.310.9106&gclid=CjwKCAjwpKyYBhB7EiwAU2Hn2ZFbcl9ef1jbwjAkmwUiM2GLFz4QqU3k3Gt3b0AziGeiSpkwlGo8CRoCxAgQAvD_BwE

 

Husbands DNA will be required just because I assume his name is not on birth certificate.

 

Getting DNA done is as simple as contacting an accredited lab ( call and email after u have I-130 receipt number  ) and paying a less than $1k . They arrange a 5 minute swab collection for hubby close by , an appointment for child overseas and then send the results directly to USCIS.

 

You can do this DIY and save that $$ for young man to start life in the US. …but only you know how to get your husband on board so he can get past whatever the emotional block / fears he may have. If he is a good husband and good father to your family…then all he needs to do is trust your instincts , generosity and humanity. 

 

Thank you so much. I’m actually going to show him this thread. Your comments have been so helpful. Thanks again. 

[Family 3,988]

Do file before young man turns 21 years of age, that way he will not age out ( to the F-1 category) and just waits for processing .. Under no circumstances should he marry his girlfriend before he comes in as an IR / immediate relative. 
Once he gets to US , and has his I-551 stamp as LPR he can go right back home, marry and file for her …if they are seriously involved.

[Kanja 201]

3 minutes ago, Family said:

Do file before young man turns 21 years of age, that way he will not age out ( to the F-1 category) and just waits for processing .. Under no circumstances should he marry his girlfriend before he comes in as an IR / immediate relative. 
Once he gets to US , and has his I-551 stamp as LPR he can go right back home, marry and file for her …if they are seriously involved.

Thanks for that advice. They are pretty serious and he has said he wants to marry her but they are also young so who knows lol. Tomorrow seems like a good time to have a family heart to heart and lay everything out in the table. There isn’t much time left! Time flies so fast. Thanks again! This was the most helpful advice I got on this thread.