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How can I bring my child from a previous marriage?

My I-526 petition has been approved. My current wife and son will move to the United States with me. Right now, I would like to bring my other kid (under 21 years old) from my previous marriage to the United States also. Is this possible and how can I do it?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, provided you can prove a biological relationship. Further, you will need permission from the child''s biological mother prior to bringing the child to the United States.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Yes you can include your biological child with your current wife and her child in the application process for conditional permanent residency.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes; all children under 21 years old and the spouse of the I-526 applicant are entitled to file for permanent residency when the I-560 petition is approved. Each applicant for permanent residency must file their own I-485 application.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    As long as you could document that the child is yours by birth certificate and possibly with DNA evidence, you may be able to do it. There will be an inquiry on why such child was not listed in your original I-526 application though.

  • Avatar

    Marjan Kasra

    Immigration Attorney
    Answered on

    Did you include this other child in your original application? I would have to know more about your situation. Also there are your own country''s laws to take into account as well.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to add another child or family member to the immigrant visa application. Of course, any child under 21 years of age and your current spouse would have already been included if they were listed on the I-526 petition.

  • Avatar

    Grace Gardiner

    Immigration Attorney
    Answered on

    Did you disclose this child in the original application? Please discuss with the attorney who helped with the first application. There might be an issue if you failed to disclose.

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    Martin J Lawler

    Immigration Attorney
    Answered on

    Yes you may if the mother consents and you have custody of the child or you have to get a new court order. I am pleased to speak to you about this.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Yes, you can. If you are still at the National Visa Center stage, you will need to notify them that you have another child who will be immigrating with you. You will need to pay the visa fees and complete the necessary paperwork for him, as you would for every other family member.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes. It is possible. You need your former wife''s written permission, and it would help if you have a court''s legal/physical custody award.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can include all your children under 21 in your greencard processing; however, you will need your ex-spouse to release custody and provide written consent to your child being processed for permanent residence to the U.S.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Hopefully you named the child on the I-526, but yes this is doable provided you can show the biological relationship or step relationship (married to ex-spouse prior to the child''s 18th birthday).

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