Can I file papers on my stepchildren if they don't carry my husband's last name?

Question

My husband has 2 children in Mexico. He came to the US about 3-4 years ago. When he left he had one child with her and before he got her pregnant. Well at least she says that the little boy is his. That is another story that i am handling myself. After he arrived about 3 months later his girlfriend had cheated on him and he decided to not be with her anymore. Well he kept sending money but found out through mutual friends that she starting using the money for alcohol and not the children. So he stopped sending money. The woman started dating again and the boyfriend at the time signed the papers to give the children his last name. The children are in danger now and the mother wants us to bring them here. However, they don't have my husband's last name. Can i file papers or a visa for them if they don't carry his last name?

Answer 1

Hello

As the stepmother you can apply for them.

On the instructions for I-130 it says:

Page 3, #8. Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday, copies of documents showing that any prior marriages were legally terminated and a copy of the stepchild's birth certificate.

here is the link: http://www.visapro.com/Download/Alien-Re...

The father must get approval from the mother before entering any petitions. He must have legal custody of the kids. Also, have your husband to enter a paternity claim in Mexico so he can give them his last name, it helps.

Best of Luck!

One more thing: The child that doesn't belong to him can be adopted. On the same instructions you will find it. Good Luck!

Answer 2

I don't know for sure, but I think you can.  Seek the advice of a lawyer.

I do know this, get those poor children out of that situation.  It doesn't matter if the 2nd one isn't his -- children should not be in any danger and women/men who choose the bottle and drugs over children should not have children.  (But they do, unfortunately)

Regardless, I am glad you are doing anything and everything to get these poor kids out of this situation.

Good luck!!

Answer 3

Yes you will just call them anchor babies