The Children’s Visa Eligibility If Marriage Is to a U.S. Citizen

Question:

I am a U.S. citizen and recently married a foreign spouse. Is my stepchild eligible for a U.S. Green Card?

Answer:

If the petitioning spouse is a U.S. citizen, and the unmarried children under 21 are his or her biological children or legal stepchildren, and if you married when they were under age 18, then the children qualify for Green Cards as the U.S. petitioner's immediate relatives. The immediate relatives are given high priority under the immigration laws, with no annual limits, and therefore waiting periods, to slow their receipt of a Green Card.

The children's Green Card should be approved at the same time as the immigrant spouse's, if they remain unmarried right up to the day they enter the U.S. with their immigrant visa; or if they are already in the US, receive approval of their adjustment of status application.

If any of your children marry before they receive a immigrant visa or Green Card, they will automatically drop into category 3 of the Visa Preference System, which is subject to long waiting periods.

If one of your children turns 21 before receiving an immigrant visa or Green Card, as long as the petitioner is a U.S. citizen and the child was under 21 when the visa petition was filed, the child will still be considered an immediate relative even after turning 21.