I married a Serb. Is it okay for children to immigrate?

American immigration laws are basically the same for biological children, stepchildren, adopted children and children born out of wedlock, but there are subtle differences in some cases. The following are some very important legal concepts:

Legitimate children: children born after a couple get married are classified as legitimate children by the immigration law.

Legitimate children: under what circumstances does a child become a legal son? According to the immigration law, the child's biological parents get married before the child's 18 birthday, and the child is the legal son. When applying for a child to come to the United States, parents should provide a marriage certificate to prove that the child was married before 18 years old.

Children born out of wedlock: If the child did not obtain legal status by legal means before the age of 18, then when you submit the application, you must provide evidence to prove that you and the child were a veritable father-son relationship before the age of 2 1 8. This evidence may include the fact that the father and son live together and raise him/her, or other evidence that parents continue to care about the welfare and health of their children. Prove that to maintain a substantial father-son relationship, you must provide you with continuous care and care for your children. If you leave soon after the baby is born, it may be difficult to provide evidence of your care and care for him. Immigration wants to see proof that you have been giving financial support, such as money orders, checks, etc. In addition to economic ties, the letter you wrote to your child's teacher asking about his learning progress and the letter you wrote to your child are all good evidence that you helped him mentally. Only by showing these proofs of substantial parent-child relationship can the Immigration Bureau approve the application of illegitimate children to come to the United States.

Adopted children: According to the immigration law, you must complete the adoption procedures before your child's 16 birthday before you can apply for immigration for her. If you have gone through the adoption procedures before the child 16 years old, you should provide: (1) your citizen or resident certificate; (2) Adoption certificate approved by the internal affairs department of the country where the child is located; (3) The child's birth certificate shows that the child was adopted before 16 years old; (4) the child is there. * * * The proof of living together for two years includes the written proof of a reputable witness. Immigration will ask you some questions about your daily life during your two-year stay with your child until they are sure that the child's biological parents will not live with her. A very important rule: adopted sons who immigrate to the United States cannot apply for immigration to the United States for their biological parents in any way in the future.

Orphans: In American immigration law, foreign children are orphans if their parents are missing or dead, abandoned by their parents, or separated or lost from their parents. If a child's single parents are unable to take good care of him, or formally give up the custody of the child in order to obtain immigration and adoption, and this behavior will not be revoked, then the child is also an orphan. In order to obtain the benefits of immigrants, orphans' applications must be submitted before 16 years old. If an orphan's brothers and sisters are adopted by the same parents at the time of adoption or after adoption, and the age is not over 18, he is also an orphan.

Stepchildren: If your remarriage occurred before the child 18 years old, then your child and your remarried partner constitute a "stepparent-stepchild" relationship, which is equivalent to the "biological children" of the parents in the immigration law.

A. If your remarried partner is an American citizen, he/she can apply for your children's immigration directly in the form of children's immigration. Each stepchild must submit an immigration application separately, and the children's immigration cannot be placed in your immigration file.

B. If your remarried partner is a permanent resident of the United States (a green card holder) and the child's birthday does not exceed 2 1 year, then the child belongs to the accompanying immigration case and belongs to the same marriage immigration case as you, so it is not necessary to submit an immigration application separately.

C. If your remarriage occurs after the child 18 years old, and the child does not belong to the stepchild of your remarried object in immigration law, the United States cannot apply for the child's immigration by means of relative immigration. Only after you get a green card can you apply for immigration as your own child.

D. Special case: If the child is over 18 years old but under 2 1 year old, and your fiance (wife) is an American citizen, you can apply for a K 1 visa to get married in the United States, and your child can apply for a K2 visa to accompany him. If your child is under 2 1 year old when entering the country, and you get married within three months, you and your child can both change their status from K visa to green card. Because this way of identity adjustment does not belong to the category of relative migration, it will not be restricted by the relationship of "stepparents-stepchildren". For the marriage that will happen after the child 18 years old, this way is a very good evasive measure for the child's immigration.