Gonzales, TX Immigration Law Firms & Lawyers

While I am unable to render an opinion that the custody decree will ultimately prove sufficient for USCIS to approve the I-130 and for your stepchild to immigrate to the United States without reviewing the actual decree, I would recommend submitting it with the I-130. Your stepchild's actual ability to immigrate to immigrate  (vis a vis whether the mother has primary custody) is an issue that will be considered in the adjudication of the I-130. However, if your wife is also able to get a statement stating that he has given his consent for the child to relocate to the U.S. and live with your wife and you, that would be a good additional piece of evidence to submit in addition to the decree. As an aside, in my practice I do not bother with filing the I-129F to further applying for K-3/K-4 visas. It is a waste of time and ultimately will not likely be approved before the I-130 is approved. Moreover, even if your family were able to obtain the K-3/K-4 visas, the cost of filing an I-485 is MUCH more expensive than applying for the immigrant visas. State Department lowered immigrant visa fees from $404 to $230. The fee for I-485's is $1,070 for an adult and $635 for a minor. My own professional opinion is to skip the I-129F for K-3/K-4 and just wait for immigrant visa processing after the I-130 is approved. It is ultimately cheaper and perhaps even shorter to just to immigrant visa processing. The I-485 would involve an interview with USCIS.

Your mother-in-law would typically apply for a B-2 visitor visa at the American consulate or embassy with jurisdiction over her place of residence. In doing so, she would have to show ties and bonds with Mexico to demonstrate that she would return to Mexico after the time of visit. If she is lacking funds, you and your spouse can guarantee her support during the time that she is here with an affidavit of support along with materials such as your job letters, banking statements, and most recent tax return. Please note that the issuance of a visitor visa is within the discretion of the US consular officer. Good luck!  Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.