根据美国联邦法规(Code of Federal Regulations),美国公民如以继父母身份为配偶的子女申请移民时,美国公民应在其配偶的子女到达18岁以前与配偶完婚,否则,将失去为其继子女申请移民的机会。以后就只有等配偶取得永久居留权后再为其子女办理移民了。区别在于子女的移民等待时间会延长很多,移民优先类别由第一优先序列降至第二序列。
以下是美国联邦法规相关法条,§204.2 Petitions for relatives, widows and widowers, and abused spouses and children. (2) Evidence to support petition for child or son or daughter. In addition to evidence of United States citizenship or lawful permanent resident, the petitioner must also provide evidence of the claimed relationship.
(iv) Primary evidence for a stepchild. If a petition is submitted by a stepparent on behalf of a stepchild or stepson or stepdaughter, the petition must be supported by the stepchild's or stepson's or stepdaughter's birth certificate, issued by civil authorities and showing the name of the beneficiary's parent to whom the petitioner is married, a marriage certificate issued by civil authorities which shows that the petitioner and the child's natural parent were married before the stepchild or stepson or stepdaughter reached the age of eighteen; and evidence of the termination of any prior marriages of the petitioner and the natural parent of the stepchild or stepson or stepdaughter.