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Results 1 to 10 of 10

Thread: I-130 for the step-son

  1. #1
    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. #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?

  3. #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.

  4. #4

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

  6. #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.

  7. #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.

  8. #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?

  9. #9
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    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).

  10. #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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