Im an American and my soon to be wife is Canadian. My wife has children and we would like to file for them also, ages 5,8,11,13,20. Is there an age that they are not eligible or that we can not file for them? They are all still living with my wife in Canada and are all still dependents.
They are considered minor children before the age of 21 for the purpose of you filing an immigrant visa petition for them
Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.
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You will be able to file for all of her children except the 20 year old. That is because in order to be able to petition for a step-child, the marriage creating the step-relationship must have occurred before the child turned 18. Therefore, your wife will need to petition for her oldest child once she becomes a lawful permanent resident. This process will unfortunately take some time. In the meantime, the oldest may want to look into coming to the United States as an F-1 student if separation is not an option. You may wish to consult with an immigration attorney.
This information is provided as a courtesy based upon the limited information provided in your post and does not constitute an attorney-client relationship.
Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.
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To qualify for immigration purposes as a step child, the child must be under the age of 18 at the time the marriage creating the stepchild relationship occurred. Any children that qualify as stepchildren and are under the age of 21 may be filed for as an immediate relative before reaching the age of 21.
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