I would suggest you hire an attorney to help you with this complicated legal matter rather than put your family at risk. If you would like a free consultation to discuss my services offerec, please call me.
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716 830 7960
It would certainly be to your benefit to contact an immigration lawyer to discuss the advantage and disadvantage of either options.
It's not really a deal breaker.
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The answer is simple . . . ABSOLUTELY! There is no derivative status here. The child must be petitioned as a step child. You should always use a qualified immigration lawyer when dealing with the USCIS. It is too easy to make a mistake and make the process last for years, or get denied.