Legal Question in Immigration Law in California

You can petition for her children (as your step-children) when you petition for her as your wife.

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If you are a US Citizen or Permanent Resident and her children are under the age of 18 at the time you married her, then you may be able to file a petition, for them as your step children in order for them to obtain their permanent residency. If your wife is a green card holder, she can also, but it will take longer for them to get their visas and come to the US if she petitions them versus you, assuming you are a US citizen.

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There are many variations of how the step children can come at a later time, depending upon whether you are a U.S. citizen, and what you would like to do. If you are a U.S. citizen, you can marry her in Argentina, and petition for your wife first, and later, petition for your step children, if they are under 18 and not married. Another option is filing a fiance visa petition for your fiance now, and then once the fiance petition is approved, she enters the U.S. and you marrey her within 3 months of her arrival. You would then apply for her application to adjust her status to get her green card. You could then later apply for her children to come to the U.S. For any decisions to be made, you should talk to an immigration lawyer to discuss the various options and determine what is best for you and your fiance. For further information, feel free to phone 415-387-1364 or email [email protected].

She could bring children on a green card, but it takes years. Most stepparent US citizens apply for minor children. Elder children above 21 can come to the U.S. either through parent or stepparent, but it takes longer and if through permanent resident parent, the child must remain single.