Petitioning for child living outside the United States

[deemo311]

Hello everyone,

I, a US Citizen, married my wife, Romanian, while she was visiting the United States with on a tourist visa. I applied for her adjustment status (filed all the required forms). She has been living here since we got married, received her work authorization, etc.

Her process aside, she has a 8 yr old son living in Romania that we want to bring here to live with us. The USCIS website shows that I have to file Form I-130 for the child. But what happens after I file it? Do we have to visit the US Embassy or consulate in Romania for the any part of the process? Does the child receive documents to travel to the United States, then we file for adjustment status? I can't find more information on the website about the process. Does anyone know? Any information is greatly appreciated!!

 

[BigJoe5]

Hello everyone,

I, a US Citizen, married my wife, Romanian, while she was visiting the United States with on a tourist visa. I applied for her adjustment status (filed all the required forms). She has been living here since we got married, received her work authorization, etc.

Her process aside, she has a 8 yr old son living in Romania that we want to bring here to live with us. The USCIS website shows that I have to file Form I-130 for the child. But what happens after I file it? Do we have to visit the US Embassy or consulate in Romania for the any part of the process? Does the child receive documents to travel to the United States, then we file for adjustment status? I can't find more information on the website about the process. Does anyone know? Any information is greatly appreciated!!

Take it one step at a time. Right now just file the I-130 for you stepchild.

Since he is abroad, he will go through Consular Processing. AFTER the I-130 gets approved, USCIS sends it to NVC (State Department). NVC will contact you (be sure to provide e-mail). NVC will ask you for a fee for the I-864 for him and the supporting financial documents. NVC will ask for the designation of an "agent" (it can be you or perhaps the adult he is staying with---whoever is best). NVC will send his file abroad and the Consulate will make contact, make sure to have good contact information. Check the state department website for information about processing location based on where he lives and processing times at that Consular location.

 

[Jackolantern]

Her process aside, she has a 8 yr old son living in Romania that we want to bring here to live with us. The USCIS website shows that I have to file Form I-130 for the child. But what happens after I file it? Do we have to visit the US Embassy or consulate in Romania for the any part of the process? Does the child receive documents to travel to the United States, then we file for adjustment status?

He will complete the process through the consulate. He won't go through adjustment of status because after his passport is stamped for approval at the consulate he'll instantly become a permanent resident when he's admitted into the US.

Neither of you need to visit the consulate, but obviously some adult in Romania will have to bring her son to the consulate. If your wife is going to return there before her own green card is approved, make sure she has Advance Parole before leaving the US (unless she overstayed by 180+ days before applying for adjustment of status, in which case the Advance Parole will be useless and she should stay in the US until her green card is approved).