step Child

[David54321 18]

Hi,

I am married to a US citizen, we live overseas, and I have a child from a previous union. The child is under 18 and technically the stepchild of my wife.

We applied a few years ago for my CR-1 visa, the I-130 got validated by the USCIS in 2018 and we have purposely kept the file at the NVC stage for 5 years.

For a lot of good reasons, we decided a few months ago that it was the right time for us to move to the US, we resumed the NVC and got the "Documentarily Qualified" email a few weeks ago. Now waiting for the interview. We are planning to move to the US by the end of 2023.

The question is about my child, for who I don't have custody and for who my wife did not file an I-130 back in 2018.
Since then things have changed and he is now a teenager and he wants to join us in September 2024 to start his 11th grade in the US. My wife sent out his I-130  a couple of weeks ago, but when we add the USIC processing time + the NVC processing time we don't think he will be granted a visa by September 2024.

Are we missing something, is there another faster way to bring him to the US?

Thank you in advance for your time in helping me.

David

[powerpuff 6,685]

10 minutes ago, David54321 said:

Are we missing something, is there another faster way to bring him to the US?

No. This is the fastest way.

 

12 minutes ago, David54321 said:

The question is about my child, for who I don't have custody

I believe this is going to be a problem. At the interview, the consulate will want to see a court order allowing the child to move to live permanently in the US.

[David54321 18]

10 minutes ago, powerpuff said:

No. This is the fastest way.

 

I believe this is going to be a problem. At the interview, the consulate will want to see a court order allowing the child to move to live permanently in the US.

Thank you for your reponse. I thought that a simple written statement from his biological mother would be enough..A court order would be as long as the whole visa process if it is not longer

[powerpuff 6,685]

4 minutes ago, David54321 said:

I thought that a simple written statement from his biological mother would be enough.

You’re right, that should be sufficient. I don’t know why I l assumed the parent was not consenting, my apologies 

[JeanneAdil 6,489]

Parent could change her mind (even at the last Minute)

Court order would be a good idea even if u don't think u need it

[David54321 18]

3 minutes ago, JeanneAdil said:

Parent could change her mind (even at the last Minute)

Court order would be a good idea even if u don't think u need it

I agree with you and I know by experience that the other parent can change her/his mind anytime.. However, court order is just a nightmare, rather wait for my child to be 18 yo in two years.

[JeanneAdil 6,489]

Just now, David54321 said:

I agree with you and I know by experience that the other parent can change her/his mind anytime.. However, court order is just a nightmare, rather wait for my child to be 18 yo in two years.

the visa for him will take about 18 months /u have time

and if u talk to ex about this 5 years ago,  now its getting close to graduation

i can't imagine any mother that would not want to be a part of this

 

[JeanneAdil 6,489]

looking at all this from viewpoint of 12/13 year old (i was one once)

and parent of kids that age

the mother could have said yes  then  as i remember it the worse years for both almost teen and mother of 1

 

kid tries to do something and gets told "you are too big for that,  you're not a baby anymore"

OR

you're to young for that , you're not old enough

 

Try standby guardian in UK/u don't have to go to court for this

 

 

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to Bringing Family of USC forum, where topics about IR2 (child of USC) cases are discussed ***

 

[mam521 2,058]

As you've worked out, your son needs his own I-130.  

 

We were successful with providing a Parenting Agreement that was not formalized in the courts (this is recognized in our home province and can be filed in court if need be) and had a lawyer notarized letter dated just days before our interview from my children's father stating he was aware and in full support of the children obtaining their permanent residency and living in the US full time with me.  The children's father and I work together and feel we can make decisions together in the best interest of the children without having to involve the courts.  This letter was accepted and added to our file at our interview.   

 

When we had our interview, Kid1 was 13 and the interviewer did ask them if they understood what was going on and whether or not they were in support.  Your 17 year old will have an interview and will also be able to communicate his wishes and being that close to 18 is likely to have some bearing.