Petitioning a stepchild: No adoption required

IF a person marries a US citizen before their child’s 18th birthday, the US citizen can also directly petition the person’s child (as the US citizen’s stepchild). There is no need for the US citizen to adopt the person’s child to establish a “petitionable relationship.”
I’ve come across many situations where a person married a US citizen before their child’s 18th birthday. They thought they must first obtain their own green card, and thereafter  petition their own child. That is not always the case! If you legally married a US citizen (in good faith) before your child’s 18th birthday, your US citizen spouse could directly petition your child, and it would be a lot faster than waiting for your petition.
For example, if you wait to petition your child yourself, it may take several months or years before you finally receive your own green card. Then, if you file an F-2A petition for your child (minor child of green card holder), there may be an additional few years of waiting time for the priority date on your petition to become current. The wait would be even longer if you decided to first become a US citizen and then petition your child. By that time, your kid may have “aged – out”, and it results in unnecessary additional years of separation from your child.
If your US citizen spouse petitions your child, he or she does not need to adopt them, as long as you get married before your child’s 18th birthday. Your child would be considered an “immediate relative” of your US citizen spouse, and could possibly be processed for a green card within a matter of a few months as the stepchild of a U.S. Citizen.
I’ve also come across people who decided to “wait until my child finishes school in the Philippines, before I’ll have my spouse petition him.” If a petition (or green card) is available, grab it now, versus waiting. What if, while waiting, you run into marital problems with your US citizen spouse, and get divorced? Had that spouse petitioned your child early in the marriage, your kid could have  already obtained a green card. Once your child is in the U.S., he or she can apply for a re-entry permit and return to the Philippines to finish school. But at least your kid has a green card in hand, versus gambling on whether the US citizen spouse will still be around to petition your child, or your child ages out, etc.
If you have a child under 18 years of age, and are dating or married to a US citizen, you may want to consult with an immigration lawyer, who can evaluate your situation, as well as your child’s, concerning the best way for everyone to get a green card.

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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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