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April 26, 2010: Can this Stepchild be Covered by Mother’s I-130 Petition?

Can this Stepchild be Covered by Mother’s I-130 Petition?

I am a US citizen and I am filing forms I-485 and I-130 for my wife who also has a 14 year old son. Can I also file for him? Do I need a separate I-485 and I-130 for him, or is he covered on my wife’s paperwork?
— Anonymous

Your stepson is not covered under your wife’s paperwork. It will be necessary to file complete adjustment of status packages for each of them. This adjustment of status package generally will include an I-130 petition for each, affidavits of support, biographic information forms, medical exams, photographs, and so forth.

Check the instructions for each required form at www.uscis.gov or retain the services of a licensed immigration lawyer before filing anything with USCIS. Note that the reason you are able to petition for your wife’s son is because you married her before the son attained the age of 18. Had you married after he turned 18, the processing of residency for the son would be very different and take much longer.

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