Questions and Answers > Other Eb-5 Questions

How can I bring children from a previous marriage?

My fiance and I will marry soon and will be applying for an EB-5 visa. She has two children from her previous marriage. They are both under 21 and unmarried. I don''t think the biological father will allow for me to adopt them, but he does agree for the children to live here in the United States with us. What are my options? What problems could we have bringing the children to the United States?

Answers

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 25, 2014

  As long as your wife (soon to be wife) has legal custody, and the biological father agrees to let the children immigrate to the United States, then there should be no problem.

• Philip H Teplen

  Immigration Attorney

  Answered on March 20, 2014

  The children are easily included as derivatives. The issue is really one of permitted custody to be worked out legally with the biological father.

• Kyle Barella

  Immigration Attorney

  Answered on March 19, 2014

  Bringing children from a prior marriage depends on both your home country and the United States. You first must make sure that your home country will allow you to remove the child from the country. It is also best to get a signed and notarized affidavit from the parent giving you and your spouse permission to bring the child to the United States to live.

• Shahzad Q Qadri

  RC Creator

  Answered on March 19, 2014

  Minor step children can be included on the petition.

• Ed Beshara

  Immigration Attorney

  Answered on March 18, 2014

  The first question is whether your marriage took place before the children turned 18. The I-526 petition has to be filed before the children turn 21.

• Salvatore Picataggio

  Immigration Attorney

  Answered on March 18, 2014

  As the biological mother, your wife-to-be can be the principal investor with the children (and you!) as the derivative beneficiaries. We would review your current family situation and any other matters to develop a strategy to achieve your U.S. immigration goals.

• Gregory Romanovsky

  Immigration Attorney

  Answered on March 18, 2014

  Are the children under the 18? If they are (by the time you''re married), you will be able to bring them in as your children.

• Robert Baizer

  Immigration Attorney

  Answered on March 18, 2014

  Your stepchildren can be included in your immigration application if the marriage to her mother takes place before they reach the age of 18.

• Jan H Brown

  Immigration Attorney

  Answered on March 18, 2014

  You can bring them if they are under 18 when you marry. I hope this information is useful to you!