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Question:

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How can I bring children from a previous marriage? My fiance and I will marry soon and will be applying for an EB-5 visa. She has two children from her previous marriage. They are both under 21 and unmarried. I don't think the biological father will allow for me to adopt them, but he does agree for the children to live here in the United States with us. What are my options? What problems could we have bringing the children to the United States?

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Answers:

June 13, 2014 14:48 Sal Picataggio

As the biological mother, your wife-to-be can be the principal investor with the children (and you!) as the derivative beneficiaries. We would review your current family situation and any other matters to develop a strategy to achieve your US immigration goals.

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June 13, 2014 15:40 Ed Beshara

The first question is whether your marriage took place before the children turned 28 ? The I-526 petition has to be filed before the children turn 21.

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