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I-130 for the step-son

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  • I-130 for the step-son

    I have 2 questions.
    1.If USC petition for the minor step-son, what preference category would it be?(child is outside the US).
    2. Can USC mother do DCF for the minor biological child?

  • #2
    I have 2 questions.
    1.If USC petition for the minor step-son, what preference category would it be?(child is outside the US).
    2. Can USC mother do DCF for the minor biological child?

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    • #3
      i do not believe that a mother can file for her step-son unless he is a dependent of the husband. Sorry but i do not understand DCF, please precise.

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      • #4
        DCF - Direct Counsel Filing

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        • #5
          i am again sorry but i do not know what direct counsel filing means.

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          • #6
            1. USC step-parent may petition for step-children that were under age 18 at the time of the marriage. Categories are the same as other kids. Unmarried and under 21 = immediate relative. Over 21 = F1. Married = F3.
            2. USC's biological child may be a USC. Apply directly for citizenship. If you were lacking the eligibilities to transmit citizenship, then follow the regular immigrant process. DFC is only available from a few US Embassies. Some allow the USC to file for DCF as a tourist, but others further restrict it to a USC who is permanently overseas. If the Embassy allows DCF, it is available to any relative with an available visa, i.e. spouse, parent, or child of a USC.

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            • #7
              Thank you for your reply, old man.
              This is the answer I was looking for.
              You confirmed what I was hoping for.
              Thank you very much.

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              • #8
                Basically I was just trying to figure out which way is better to bring my son( 13yo) here.
                I'm PR and just send my N-400 in.
                My husband is USC and he can also petition for my son.
                Should I wait for my citizenship and than start the process or should my husband petition for him now( as for his step-son) and we can finish process here in the US?Any suggestions?

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                • #9
                  Your husband should apply now. Even once you are a citizen, you will still need to apply for the son. DCF is always available if you are *living* overseas (with the child), but only available in a few places if you are not. The only differences of you applying instead of your husband is that child arrives as a citizen, not LPR, and therefore proof of income is not needed (ie- proof that he will not be a public charg).

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                  • #10
                    Katycab, Thank you very much.
                    Sorry, but I have more questions.
                    If my husband a petitioner than he suppose to go to the interview at the Counsulate, right? or I can go instead?
                    What kind of proof would I need that I'm living
                    with my child? Is it an entry stamp in my passport? If yes, for how long should I be there, I read somewhere on internet it is 6 month. Is it right

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