QUESTION
Can I file for my step children before my husband's case gets approved?
Asked on Apr 17th, 2012 on Immigration - California
More details to this question:
I filed my husband's I-130 in September 2011. He is in removal proceedings so we couldn't file his AOS with it. We are still waiting for an I-130 interview date. Question is: I want to file for my step kids (who live out of the country). Is it possible for the kids' cases to advance and even for them to possibly be approved and get visas before my husband's case gets approved?
7 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Yes it is possible but they are supposed to assess whether your relationship with your husband is valid so it will be easier if his I-130 is approved as well.
Answered on Apr 20th, 2012 at 1:35 PM
Immigration and Naturalization Attorney serving Santa Ana, CA
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U.S. Immigration Law Group, LLP
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If you are a U.S. Citizen, then yes you can and must file for your stepchildren separately and can do so regardless of the status of your husband's petition.
Answered on Apr 19th, 2012 at 2:15 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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If you husband is in removal proceedings it is highly advisable that you work with an attorney. Regarding the step children, it may be possible to file for them but many more facts are needed, particularly their age. Speak with and retain counsel.
Answered on Apr 18th, 2012 at 4:43 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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If done properly, you can do it (assuming they were less than 18 when you got married.)
Answered on Apr 18th, 2012 at 4:42 PM
Yes, you can apply on behalf of your stepchildren if they are under the age of 18.
Answered on Apr 18th, 2012 at 4:42 PM
2 Awards
Yes, you can file your step children's paperwork (assuming that you were married before they turned 18 and that they are admissible to the U.S.). However, USCIS will not approve their cases until USCIS is satisfied that your relationship with your husband is bona fide.
Answered on Apr 18th, 2012 at 3:50 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Yes. You can file for the stepchildren even before your husband's case gets approved.
Answered on Apr 18th, 2012 at 3:25 PM