Immigration Site

news, advice, info

Topic2 Question about illegitimate child

Question about illegitimate child

Our family-based petition recently got approved. Were currently waiting for the immigration packet from the National Visa Center. Our petitioner is my husbands parents making my husband the principal petitionee. I have 3 legitimate children from my husband and one illegitimate child from another relationship. My question is, can we include my illegitimate child on our application? Or do I have to wait to get to the US and file a separate petition for my son? I am hoping that we can all file our papers at the same time since my son is only 2. Thank you!

So your 2 year old son is not your husbands child?

I really dont know if they allow stepchildren of the primary to immigrate as derivatives.

no, hes not my husbands. if we cant include him, can we bring him as a tourist since we all hold B visas? and then convert his from tourist to immigrant?

no, hes not my husbands. Then he is not eligible for a derivative GC, unless he adopts him and has custody for 2 years outside the US.

if we cant include him, can we bring him as a tourist since we all hold B visas? and then convert his from tourist to immigrant? On what basis? The child has clear immigrant intent.

 
Other

National Interest Waiver 1