What would I need to do to have my minor sons move to the states after marriage?

My boys are 11 and 13. I plan on marrying my fiance who lives in Washington, but I will not move without my sons.

  • Your children are not your fiance's biological children, right?
    – user102008
    Apr 9, 2018 at 4:10

1 Answer 1


After you are married, your husband will have to petition the US government for you to immigrate to the US. He can also petition for your children to accompany you because they are younger than 21 years. See https://my.uscis.gov/exploremyoptions/petition_for_spouse for more information:

A U.S. citizen can file a petition for his or her foreign-born spouse and, under certain situations, the children of the spouse.

The U.S. citizen will have to establish the family relationship with the spouse by filing a Form I-130, Petition for Alien Relative. The U.S. citizen may also file a separate Form I-130 for a child of his or her foreign-born spouse if the child is unmarried and under 21 years old.

When the petition is submitted, the U.S. citizen petitioner is required to provide evidence to prove his/her relationship to the foreign-born relative.

If the petitions are approved, you and your sons will then be able to apply for immigrant visas (if you are outside the US) or for adjustment of status (if you are in the US).

  • 1
    To be specific, a stepparent can petition a child if the stepparent married the child's parent before the child turned 18.
    – user102008
    Mar 17, 2018 at 14:45
  • 1
    Alternately, if the OP is going to the US on a K-1 fiance visa before marrying, then her children under 21 can go to the US on K-2 visas. Then she and her children will each have to do Adjustment of Status.
    – user102008
    Mar 17, 2018 at 14:47

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