Step-children
- Thread starter faysal
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Jackolantern
Registered Users (C)
How long have you been married to their mother? Did you file a separate I-130 for each of the children, or are they derivatives to the I-130 filed for your wife?
Thank Jack...Everything is fine. I have filed separate petition for each child. It has been approved. My stepchildren are 18 and 17. My biological children are 3 and 4. So I wanted to bring the stepchildren first, and then the mother and my biological later. All of them have their petitions approved. So my question is can the stepchildren immigrate without the natural mother. The reason i ask this because I saw somewhere that the stepchildren must come with their natural parents....Any experience of stepchildren issued visa while the natural parents out side of the us? Thanks in advace for your responses
How old were the stepchildren when you married their mom and how long have you been married? This may make a difference on their greencard category. CR vs IR (assuming you are a USC) or the LPR petitioner's preference category version for conditional status may apply. I was guessing you are a USC since you file separate I-130's.
Just curious of why you want to stagger their arrivals....is it school related for the older kids or just too darn expensive to move them all at once? This could be of use to somebody in a similar situation (moving a big family overseas).
Thank big joe....Everything is clear. My stepchildren's visa petition is approved by the uscis processed by NVC and have an appointment in July 30. There is no issue at all with the marriage time I got married before thier 16 th birth day.
The reason I want to stagger is because of school, cost and work. I want my stepchildren first to come. They are 18, 17, 15 and 14. Particularly, I want the 18 and 17 to come first because they can go to college and work right away. I want my bioligical children to stay little longer. They aretoo young to come here. Thanks
My confusion is; some time ago i read somewhere the stepchildren with I130 approved must accompanied by their bioligical father/mother when they are admitted. The stepchildren can not immigrate without them. This is where I need an answer...thanks
Right on Raevsky. That is exactly what I was looking for. Is your answer based on gut feeling or you have actual experience...th anks
I think you are confusing the I-129F fiancee and his/her kids (they are linked as you describe). [The I-129F also has the almost obsolete function of allowing K3/K-4 spouse and children of a USC w/approved I-130s to enter as nonimmigrants and therein lies confusion.]
Jackolantern
Registered Users (C)
That is not always true. If the marriage is for less than 2 years, the stepchildren's eligibility is dependent on their biological parent's immigration status, and they cannot immigrate independently of the parent.
That's why BigJoe and I were asking about how long the marriage has lasted, which the OP still has not clearly answered ( I see a mention of getting married before "their" 16th birthday but it's not clear exactly whose birthday).
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Guys thanks alot. It is a bit confusing: here are the details.
we married in March 2008 which makes it little bit over 4 years now
my oldest stepdaughter was 14 years
I did the I 130 route. All of them approved. No difference my bioligical children and stepchildren in terms of forms filed
My wife's visa preference category is IR1-spouse of a US citizen
My stepdaughter visa preference category is IR2-Child of a US citizen
my bioligical child visa preference category is IR2-Child of a US citizen
That is the detail. So my question is does my stepdaughter who is IR2 need her mother to accompany her or she can get her own visa indepedent of her mother. Becuase of the cost of everything, I wanted to first bring the stepchildren....by the way my family has its interview on July 30. I will update you guys how it goes...thanks
Generally, when the Immigrant Visas are issued, the relative has 6 months to enter the U.S. If that time period is too short, then your relatives need to discuss the matter with the Consular Officer at time of interview in order to work out the logistics of the visa issuance procedures and timing.
That is not true in terms of admission - admission is OK without biological parent.
That is not always true also in terms of condition removal. To clarify further, it is true in the following case:
Otherwise it is not true.
Adjudicator's field manual:
I specifically marked in bold the reason why I-751 for such child could be filed for that child alone. If parent is not filing I-751 because she is not an LPR, child does that alone through no fault clause.
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I wish your statement was correct. My family had their interview, and as it turned out my research was right. Once their processing was complete, my children were told they could not travel without their mother. Their visas are on hold now as I write. The conclusion is step-parents can petition for their step-children but the bioligical parent must either be in the states or must accompany them. Raesky you were very wrong, but I didn't lose anything on your advice.
TheRealCanadian
Volunteer Moderator
Who said this? In the case of derivative beneficiaries this true, but not for individuals with their own I-130.
I disagree with what the consular officer said. I encourage you to speak with someone at the State Department about it.
Contacting Visa Services - Information is available to the public by telephone at the Visa Services, Public Inquiries Division at (202) 663-1225. The telephone number provides the caller with a selection of pre-recorded information and the ability to talk to a visa specialist during business hours. Persons desiring information about a specific visa applicant are advised that immigration law provides specific prohibitions about providing case specific information to third parties. Before calling with a visa inquiry, we request that you carefully review this website and also the Embassy Consular Website abroad. NOTE: The Public Inquiries Division is not able to accept visa inquiries by Fax.
FROM: http://travel.state.gov/visa/about/how/how_1463.html
Contacting Visa Services - Information is available to the public by telephone at the Visa Services, Public Inquiries Division at (202) 663-1225. The telephone number provides the caller with a selection of pre-recorded information and the ability to talk to a visa specialist during business hours. Persons desiring information about a specific visa applicant are advised that immigration law provides specific prohibitions about providing case specific information to third parties. Before calling with a visa inquiry, we request that you carefully review this website and also the Embassy Consular Website abroad. NOTE: The Public Inquiries Division is not able to accept visa inquiries by Fax.
FROM: http://travel.state.gov/visa/about/how/how_1463.html
ananga73
Registered Users (C)
Consular officers have been known to misinterpret or sometimes actually be ignorant of the law/rules. Theirs is not necessarily gospel.