Found an issue on this page? Let us know and we will look into it as soon as possible.
Does custody document needed when I file I130 for my stepchild , my wife has but she never was married before our marriage .
Anonymous7 views3 answers
My wife never married before , she has a son 16 years old. We married 1.5 years earlier. She applied for permanent resident .I485 & I130 application filled 2 months ago. Now we are in process doing her son application.
I am US citizen.
You do not need to present a custody document when you file a FORM I-130 on behalf of your stepson. You will need the birth certificate of the child and your marriage certificate.
The custody document is not required for immigration purposes, however, as a practical matter, it may be worth seeking the advice of a family attorney in your wife's country of origin to determine whether she can, under the laws of that country, take her son to the US or if the father's permission is required. What you don't want is committing kidnapping in her own country by taking the child to the US, as that could affect her immigration status in the US at a future date.
