I will marry with a U.S. Permanent Resident soon. Can
my children also get the U.S.
immigrant visa with me?
If your spouse has a U.S. green card, your children who are unmarried
and under age 21 are considered derivative beneficiaries. This means
that the children will not need a separate initial visa petition of
Form I-130 filed for them, in order to be included in your
immigration process and enter the U.S. at the same time with you.
Unlike many other applicants, they also would not need to prove that
the petitioning spouse is their parent or even stepparent, because they
are riding on the immigrant's application. However, they will have to
fill out forms of their own. They will share the immigrant's place on
the visa and green card waiting list and most likely get a visa at the
same time as the immigrant, provided they remain unmarried.
Children who have gotten married will not be able to immigrate to the
United States at the same time as the others. They will have no visa
options until the petitioning spouse becomes a U.S. citizen and files a
visa petition for them in category 3 of the Visa Preference System,
which has a very long waiting period. To do this, the spouse would have
to prove that he or she is either the child’s legal
stepparent or the biological parent.