Citizen Trying to get Step-Children Here

[alexandrabueno]

Hi Looking for a little direction.

I got married to a non US citizen who has now gained full permanent residence. We have been together for over 5 years now.

I want to bring his kids here before they turn 18 so they can have permament residencey here as well.

What is the procedure to get the kids which are all under 21 and still unmarried in the US?

I get so many different forms that i need to fill out i just dont know which ones.

I485 then the I130 then i see the I129.

Being that i am the US Citizen they would fall as my step-children and the process is much faster i heard is that correct?

[BigJoe5]

A stepchild is defined in at INA 101(b)(1)(B) as:

a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;

You as a USC can file an individual I-130 for each stepchild, he has to deal with the custody issue with his ex.

You as the petitioner will have to file I-864's for each of them. You can have co-sponsors as needed, including your spouse.

You have to show sufficient income to support everyone you file an I-864 for, otherwise you need co-sponsors.

Your post leads me to believe that the kids are abroad.

The stepchilldren have to enter the U.S. before reaching 21 and while still unmarried (if any have out of wedlock kids, they can come too).

[alexandrabueno]

Thank you so much Joe.

Yes they are in South America and we dont have any custody issues.
We all get along great. I cant complain.

Now once the I-130 is being processed can they come here right away or do they have to wait until its approved?

The plan is to have them here for January 2011

Thankfully they are 16 and 8 yrs old.

[BigJoe5]

After the I-130 is approved then they will need to file for immigrant visas at the consulate or embassy abroad. They will enter with immigrant visas. Depending on where they are processed it may take from 6 months to a year or so.