Legal Question in Immigration Law in California
Petition husband's minor children from previous marriage
I would like to petition my husband's minor children from previous marriage who are from another country. My husband arrived here 8 yrs. ago legally but overstayed. We've been married for almost 5 yrs. now, and I petition him and still waiting for the approval of his legal residency. Could I petition his children then even if his legal status is not yet approved. If yes, what form should I use? I-130?
2 Answers from Attorneys
Re: Petition husband's minor children from previous marriage
If you are a U.S. citizen, then your husband's minor children are your step-children and you can petition to classify them for permanent resident status. Use the I-130 form (it's for relatives).
Best wishes.
Eric Schultz (ph: 716-854-1541)
Re: Petition husband's minor children from previous marriage
A little confusing because you don't say whether you're a US citizen or whether you're a permanent resident only. Assuming that you're a citizen and filed adjustment of status for your husband, you would have to get the I-130s for the kids approved and then have the US consulate in their country do the immigrant visa processing.
On the other hand, if you're a permanent resident, you need to describe whether you filed adjustment of status for your husband, or if you've only filed a I-130 for him and waiting for his priority date to be current.
Liem Doan, Esq.
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