Can a step mother(US citizen) petition for her alien children if they are outside the US?

Question

If the answer is yes kindly tell me what are the requirements for a step parent to file a petition for her step children.I would be very thankful to everyone who answers.

Answer 1

Yes, a US citizen may petition for step children. Here is the process:

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative
A copy of your birth certificate or U.S. passport
If you were not born in the U.S., a copy of either:
your Certificate of Naturalization or Citizenship or
your U.S. passport
A copy of the child’s birth certificate showing the child’s name and the names of both parents
A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)
A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.

Answer 2

The child if born in the US is by law a US Citizen even if parents are illegal. The controversy if its a law that belongs in modern times and people who want to change it to fit most countries laws where citizenship is granted by parentage or by a legal citizenship process. I personally support the laws repeal as it creates loopholes for illegals and the original intent which was good then is now a hindrance to modern society and only causes problems. The law is one of the few left untouched since the constitution was formed.

Answer 3

It is very rare, but a step parent can go to a court here in the US and be granted "in loco parentus" - the local parent. It can be hard to justify.

This is not an easy process, but it can be done. You really should consult a lawyer for the details. Once you have been granted this status, you will need to have a court in the children's country of residence recognize this. Also not an easy process.

Having said all that, don't lose hope, because I did it.

My ex-wife took my step children back to Canada after our divorce here in the US. I got a judge to grant me the in loco parentus status and although I do not have the children full time, I get them a total of 5 weeks per year, and talk to them every week.

If anything was to happen to my ex-wife, such as prison, death, or found to be mentally incompetent, I would have a great case for gaining guardianship.

Start by seeing a lawyer and I wish you good luck. Even if you don't win, it will be important to the children to know that you did all you could to continue to have a relationship with them.

Answer 4

A Step-parent has no legal rights, there is no legal attachment to a child over the natural parents or other blood relatives for that matter.

Only way ths could happen is if the step-parent adopts the step-child.

The only way that a Step-parent could potentially seek and gain custody of a step-child is if the natural parent, spouse of the step-parent made provisions in a Last Will and Testament for the step-parent to have custody of the child in case of the death of the natural parent. It still may be challenged by a surviving natural parent of the child though.

I stand corrected... Thank you zdrgnslyr, I didn't know it was possible. Guess I don't know everything!! Today is a good day, I learned something. :-)

Answer 5

dognhorse is correct.

I assume the natural parent, the one you are married to, listed these children in his/her bio data form when he/she came to the United States. If not you are going to have big problems. Your spouse might even have to do DNA testing to prove he/she is really the parent.

Answer 6

Yes, it's just easier to get cooperation if you are in the country the children are in. Other conditions would modify this answer, such as, Guardianship rights?.

You, definitely should seek help from an Immigration Attorney.

Answer 7

For Legal Advise I always visit this site where you can find all the solutions. http://personalfinancesolution.info/index.html?src=5YAttzxiSQ321

RE :Can a step mother(US citizen) petition for her alien children if they are outside the US?
If the answer is yes kindly tell me what are the requirements for a step parent to file a petition for her step children.I would be very thankful to everyone who answers.
Follow 9 answers

Answer 8

Waiting on more answers before I share my view

Answer 9

go to them.

Answer 10

thx for the replies, much appreciated.