Can I petition my stepson? 4 Answers as of June 17, 2011I am a US citizen. My husband is not. My husband want me to petition his son who live with his mother in a another country. What do I need to do as his step mother and his mother who he live with? I'm sorry what is require of both parties? Thank You.
Baughman & Wang | Justin X. Wang
If you married your husband when his child was under18, you can petition for your stepson. If the child is still under 18, unless your husband has complete legal and physical custody of the child, your husband must seek consent from his ex-wife before the child can receive immigrant visa.
Answer Applies to: California
Calderón Seguin PLC | Ofelia L. Calderon
If you were married before the stepson turned 18 years of age, you can file an immediate relative petition on his behalf and bring him to the U.S. as a Lawful Permanent Resident. You will need to file an I-130 petition and submit appropriate evidence of the relationship and your status. Once approved, you will need to provide appropriate financial support documents and complete the consular processing steps that are outlined by the National Visa Center.
Answer Applies to: Virginia