I recently married a U.S. Citizen and we want to file our family petition. I have a son (20 years old) and would like to include him in my petition.
Is it possible ?
What will happen when he will be reaching to the age of 21 ?
If your son was over 18 at the time of marriage he cannot be included. Contact a US immigration attorney for specific review.
Your US citizen spouse will sponsor you. You can then sponsor your son asap. If not aged out, the child status protection act may protect his age.
Your U.S. citizen spouse can file a FORM I-130 on behalf of your son if you married your spouse prior to your son reaching the age of 18. If your current marriage occurred after your son reached age 18, you will file the FORM I-130 as a resident petitioner.
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