QUESTION
Can my US Citizen wife file I 130 for my 18 year old single son here in the US with a Visitor Visa?
Asked on Apr 21st, 2013 on Immigration - Michigan
More details to this question:
My US citizen wife is filing an I130 for me, can she also file an I130 for my 18 year old single son who is here in the US with a Visitor Visa? He already turned 18 before we got married, his date of birth is 06/04/94 and the date of marriage was 12/08/13?
4 ANSWERS
It is unfortunate that you did not consult with an immigration attorney before you married because whereas your spouse cannot petition for your child now that he is over 18 and the marriage took place after he turned 18, your spouse COULD HAVE filed for you and him as fiance and child of fiance even after 18 and as long as he was under 21, he would have qualified for a fiance visa and then a green card. Now, you will need to petition for your child once you are a green card holder and the process is currently taking about 3-4 years. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Apr 23rd, 2013 at 9:08 PM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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No she cannot file for him as an immediate relative if your marriage took place after his 18th birthday.
Answered on Apr 22nd, 2013 at 9:36 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If your son turned 18 years old before you married his step-mother, she cannot petition for him because he was already an adult when you remarried.
Answered on Apr 22nd, 2013 at 9:21 PM
No, but you may be able file for him when you become a PR.
Answered on Apr 22nd, 2013 at 8:52 PM