Can I a "US Citizen" file a I-130 for my wife's children or does she have to. she became perm resident a couple years ago.

Asked 12 months ago - Raleigh, NC

would it be quicker if I did it or her?

Attorney answers (6)

  1. Kira Gagarin

    Contributor Level 15

    9

    Lawyers agree

    Answered . It would depend on their age and how old they were when you and her married. Think about making an appointment with an attorney to discuss what option would be best. If they qualify, it would be faster for you to file as a US Citizen. Good Luck.

  2. Alexander Joseph Segal

    Contributor Level 20

    9

    Lawyers agree

    Answered . Is there any reason you felt compelled to put US Citizen in quotation marks? If the children are under 21 and were under 18 when the marriage occurred, your application would be possible and efficient.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Carlos Andres Lopez

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . The short answer would be that you should petition for your stepchildren because they are your immediate relatives, ESPECIALLY if they are overstays. This can be a complicated matter, so you should consult with an immigration attorney, or you may make a situation worse and more expensive.

  4. Chong Hae Ye

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . I agree with my colleagues, you consult with an immigration attorney.

    The information on this website is not intended to be legal advice.
  5. Robert Louis Brown

    Pro

    Contributor Level 19

    7

    Lawyers agree

    Answered . if the relationship with your spouse occurred while the children under the age of 18 they are considered under the immigration law as your stepchildren. As long as they are under 21 when you file the petition they may come to United States as immediate relatives. Your wife may also petition for the children directly however the fastest way for the children to come to United States is through a petition by the United States citizen stepparent.

    919.225.3963
    immigration@rbrownllc.com
    www.brownimmigrationNC.com

    Robert Brown LLC
    2330 Meridian Parkway, Suite 3050
    Durham, NC 27713

  6. Rebekah Grafton

    Pro

    Contributor Level 10

    5

    Lawyers agree

    Answered . If the children qualify, it would be quicker for you to file for your step-children, however, you should have an immigration attorney review your case to determine if your step-children qualify and if they are eligible to file for their green cards.

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