Table of Contents[Hide][Show]
- 1. What Category is Sponsoring a Stepchild to the U.S.?
- 2. Conditions for Sponsoring a Stepchild to the U.S.
- 3. What is the Process for Sponsoring a Stepchild to the U.S.?
5. Frequently Asked Questions about Sponsoring a Stepchild to the U.S.+−
- 5.1. I want to know more details about Form I-130 for sponsoring a stepchild to the U.S.
- 5.2. Who Can File Form I-130 to Sponsor a Stepchild to the U.S.?
- 5.3. What Documents are Required for Sponsoring a Stepchild to the U.S.?
- 5.4. How Much Financial Support is Needed to Sponsor a Stepchild to the U.S.?
- 6. How Can You Quickly Sponsor a Stepchild to the U.S.?
In recent years, the number of Vietnamese moving to the U.S. for living and working has been increasing across all visa categories.
In addition to some visa categories for sponsoring family members such as sponsoring a spouse, siblings, and parents, another immigration category that has gained interest is sponsoring a stepchild to the U.S.
To help you with any concerns, ImmiPath will answer all your questions about the documents needed for sponsoring a stepchild to the U.S. See it now!
1. What Category is Sponsoring a Stepchild to the U.S.?
Sponsoring a stepchild to the U.S. for permanent residency is not as simple as just adding the child’s name to your spouse’s immigration application.
These are completely separate cases if you are a U.S. citizen or a lawful permanent resident. An immigration application must be submitted for both your spouse and your stepchild if you want to bring both to the U.S.
However, not all stepchildren may qualify for a green card through marriage, and the timing of filing the application is also an important factor.
According to U.S. immigration law, applicants can sponsor a stepchild to the U.S. under the family-sponsored visa category.
U.S. citizens and lawful permanent residents (those with a green card) can sponsor their spouse’s stepchild to the U.S. The common visa categories include:
- F2-A: For unmarried stepchildren under 21 years old
- F2-B: For unmarried stepchildren over 21 years old
2. Conditions for Sponsoring a Stepchild to the U.S.
The U.S. is known for its strict immigration policies, so you cannot easily sponsor your spouse’s stepchild to the U.S. without meeting specific requirements.
To qualify for sponsoring a stepchild to the U.S., you must meet the following conditions:
- At the time the biological parents of the stepchild married their stepparent, the stepchild must have been under 18 years old and unmarried.
- If the stepchild is under 16 years old at the time of the sponsorship interview, written consent from the biological parent is required for the child to accompany the stepparent.
- The stepchild must not be ineligible for entry into the U.S. due to health issues or legal violations.
- The sponsor must have sufficient income and must file an Affidavit of Support as required by the U.S. Citizenship and Immigration Services (USCIS). If the sponsor does not meet the financial requirements, they may find a joint sponsor.
It is important to note that even if you successfully obtain a visa for the stepchild to immigrate to the U.S. if the marriage that established the stepchild’s eligibility was less than 2 years old at the time the stepchild received their green card.
The stepchild will be granted Conditional Permanent Resident (CPR) status with a two-year green card, not a permanent one.
To convert this two-year conditional residency status to a ten-year status, you must prove that you have maintained a genuine relationship with your immigrant spouse for at least two years after the green card was issued to the stepchild, with limited exceptions.
3. What is the Process for Sponsoring a Stepchild to the U.S.?
The process for sponsoring a stepchild to the U.S. involves three stages:
- Stage 1: Prepare the documents and submit them to the U.S. Citizenship and Immigration Services (USCIS).
- Stage 2: The application will be processed at the National Visa Center (NVC).
- Stage 3: The U.S. Consulate in Vietnam will handle the remaining procedures and conduct the interview for visa issuance.
The sponsorship process begins with submitting a visa application using Form I-130, including supporting documents and a specific fee. You can access Form I-130 for free from the USCIS website.
You can usually complete these forms on your computer. However, if filling them out manually, use a black ink pen.
Once you have completed, prepared, and assembled all your forms, make copies and keep them for your personal records.
You can submit your application online or mail the entire application package to USCIS. Once you have paid the required fees, your application will be forwarded to the NVC for further processing.
You will be contacted if additional information is needed. It typically takes several months to a year before USCIS makes a decision on your Form I-130.
If your application is approved and there are no financial or procedural issues, you will receive an interview schedule from the U.S. Consulate in Vietnam.
Although you can complete the process for sponsoring a stepchild to the U.S. on your own, it is best to seek assistance from an immigration consultancy to give your family the best chance for a quick reunion.
An immigration service with expertise can help review your application and ensure all details are accurate as required by the U.S. government.
4. How Long Does It Take to Sponsor a Stepchild to the U.S.?
The processing time for an immigrant visa application for a stepchild varies depending on whether the sponsor is a U.S. citizen or a lawful permanent resident.
4.1 For U.S. Citizens
Unmarried minor children (under 21 years old) of U.S. citizens are classified as “immediate relatives” under U.S. immigration law. A stepchild qualifies for a green card as soon as the petition is approved or completed.
4.2 For Lawful Permanent Residents
Unmarried children (under 21 years old) of green card holders are processed under the F2-A category. However, there is a limited number of green cards allocated each year. As a result, your stepchild may have to wait several years before receiving a green card.
5. Frequently Asked Questions about Sponsoring a Stepchild to the U.S.
5.1. I want to know more details about Form I-130 for sponsoring a stepchild to the U.S.
A stepchild that you can sponsor for immigration using Form I-130 from USCIS includes:
- A child born to parents who are married
- A child born to unmarried parents
- A stepchild, provided that the sponsor is a U.S. citizen and the child’s parent married the sponsor before the child turned 18
Proof of biological relationship or parent-child relationship for biological children or the sponsor’s children can be demonstrated through the child’s birth certificate.
For children born out of wedlock, where the father has not legitimized the child before the age of 18, evidence of the father-child relationship must be provided. This includes financial responsibilities and the father’s involvement in the child’s welfare and support. Such documents can provide proof of biological relationship.
Before you can bring your stepchild to the U.S., you must present your valid and legal marriage certificate. This will be verified by the U.S. government.
Furthermore, at the time of filing the sponsorship, the child must be under 21 years old. However, in many cases, the child may still qualify for approval if they turn 21 during the waiting period for a green card or immigration visa.
In addition, according to USCIS, the stepparent must establish a legal relationship with the stepchild. This can be done through adoption by the stepparent or obtaining legal guardianship of the child.
Moreover, the legal relationship can also be demonstrated if the marriage between the stepparent and the stepchild complies with the law.
5.2. Who Can File Form I-130 to Sponsor a Stepchild to the U.S.?
Form I-130 is only valid if filed by a lawful permanent resident or a U.S. citizen. Only one of these individuals can legally sponsor a stepchild to the U.S. according to U.S. immigration law.
In addition, the petitioner must meet the following conditions to be recognized by the authorities:
- The petitioner must be over 21 years old when filing for parents or siblings.
- The beneficiary must be the legal spouse of the petitioner and a U.S. citizen or lawful permanent resident.
- The child must be under 21 years old and unmarried (the child can be a biological child, adopted child, or stepchild).
- You can also sponsor children over 21 years old, whether they are married or unmarried.
5.3. What Documents are Required for Sponsoring a Stepchild to the U.S.?
According to U.S. immigration law, a petitioner can sponsor a stepchild to the U.S. under the F2A family preference category. For this category, you need to prepare the following documents:
- Form I-130, Petition for Alien Relative.
- A photocopy of both sides of the sponsor’s green card. The green card must be valid, and if the sponsor has changed their name, they must provide legal name change documentation.
- Proof of marital status, such as a marriage certificate, divorce decree, or death certificate of the petitioner’s spouse if applicable.
- If the stepchild is accompanying the petitioner, additional documents are required for USCIS to verify:
- Birth certificates of the petitioner and the stepchild.
- A passport photo on a white background, valid for no more than 6 months.
- Other documents prove the relationship between the petitioner and the stepchild, such as photos, videos, correspondence, or emails.
5.4. How Much Financial Support is Needed to Sponsor a Stepchild to the U.S.?
The financial requirements for sponsoring a stepchild depend on the sponsor’s tax filing status in the U.S.
If you are sponsoring your spouse and their stepchild to immigrate to the U.S. and you are filing as a single person (i.e., with no dependents), the minimum required income is typically between $20,000 and $22,000 for the sponsor and the sponsored spouse.
If you are sponsoring a spouse and three stepchildren, the fixed income requirement will be between $35,000 and $36,000, with an additional amount of approximately $5,000 for each additional person.
6. How Can You Quickly Sponsor a Stepchild to the U.S.?
As ImmiPath has outlined, sponsoring a stepchild differs from sponsoring a biological child. Therefore, when processing the sponsorship of your spouse and their stepchild to immigrate to the U.S., or your spouse and their stepchild, it is crucial to ensure that all paperwork is completed accurately, all required fees are paid, and the consular interview is successful. For the best results, it is recommended to seek assistance from a reputable immigration and residency consulting service.
At ImmiPath, with over 13 years of experience, we pride ourselves on helping you prepare your documents accurately and efficiently, saving you time and ensuring your stepchild can reunite with you in the U.S. as soon as possible.
If you have any questions about sponsoring a stepchild to the U.S., please leave a comment below, and our team of consultants at ImmiPath will respond to your inquiries with the utmost dedication.
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