Step Children for I-30 / K3 Wife

[ab11936 0]

Hi,

I just bothered to sign up, however I have come to and used this site over the last 9 or so months many times. It really is one of the core assets on the 'Net about immigration. I would like to really say thanks to all who support it.

Using this forum and many others online I have filed all of my own documents, but now I want to ask a few questions that I have yet to find an answer too on this or other forums. Hopefully just getting nervous as we get close to the end. A quick run down on my current status is:

1. I am a US Citizen

2. My wife is a Mexican citizen.

3. My wife has two children who were born in Mexico and are Mexican citizens.

4. We were married in Mexico on 25APR2009.

5. I filed for an I-30 for my wife, and my two step children in JUL2009

6. My wife's I-30 was approved in SEP2009 and is at the NVC.

Three questions that I cannot yet find an answer too.

a. My wive's I-30 was approved and but not my (step)children.

b. My (step)children have no father listed on their birth certificate (for various personal reasons). On the NVC it says you must have a father & mother listed on the birth certificate. What do we do?

c. When we filed the I-30 we filed it under my wives "married" name (got to excited). However in Mexico they claim they will not change her identification specifically her passport to her married name. What options do we have?

Long explanation.

Basically I thought that if my wife's I-30 was approved and she received a K3 visa that her biological children that are under 21 (in this case under 10) would automatically received a K4 "derivative" visa. I did _not_ have to apply any thing separate for them, just list them on the original I-130 with my wife (and all the forms such as birth certificates etc they request). However when I called the NVC today and asked about the birth certificate issue, they said "...you have to have a separate NVC case for the children..." That made me very worried, that we are not in the "final push" for this as I thought.

On the birth certificate, for various reasons it is not and will not be possible to list the biological father on the birth certificate. When I again called NVC the lady on the other end said "...just submit a letter with your package explaining why there is no father listed on their birth certificates..." I wanted to know if any one had experiences with that? I mean in the United States in many states it is legal to have "unknown" as a father of a child, it would be strange if the federal government refuses to honor other countries right to do the same thing.

On the name, this was an mistake I personally made. I thought it was similar to the U.S. that once married it was common for people to change their names. We went forward with what we "thought" her name "would be" by the time we finished this epic process. The Mexican embassy said that they will only base her passport off of her birth certificate. The IFE or the Federal Electoral group said the same thing, they claimed it was to prevent fraud. The Mexican State of Veracruz said they would not change her birth certificate "...because she was married..." . Thus her passport and other "major" ID both have her maiden name. Now on every form when they said "...list any other names she has gone by including her maiden name..." I listed her maiden name. However has any one seen this situation before?

Thank you for your help. Hope in this Wall of Text there is enough information for you to help me. To re-state the questions:

1. Can someone tell me if I need to file any thing separate for my step(children) in the I-30 K3 process?

2. Can someone tell me if they will deny my children a K4 visa because they lack a father on their Mexican birth certificates?

3. Can someone tell me if they had issues with married name / maiden name on the I-30 / K3 package?

BTW, I filed for a I-129F a little later but by the time I filed they had already approved the I-130 and would no longer accept it. So if any one is reading this, file the I-129F at the same time you file the I-130. Once USCIS sends the K3 request to the NVC, you can no longer apply for the expiated I-129F. Any way.

Thank you.

[shirleyjeremy 0]

I am not sure if this will help you at all but my wife is from Guatemala and had a child with no father on the birth certificate when we were married I went to the municiple building where they have the birth certificates and signed a reconsiliation form which added my name to the birth certificate under father. I do not know if mexico works the same way but it made everything so easy

Jeremy

[pushbrk 12,822]

K3/4 is a dead issue. You must deal with USCIS to get those I-130 petitions approved. Unfortunately you seem to have the two visa process, one of which is dead and gone, mixed up in your head. Study the CR1 guide.

[ab11936 0]

Mexico does allow this, but I was concern about the other issues we might be exposing ourselves too.

I thought of doing this also. Right now we are talking to a lawyer. Our concern is if there is any other legal issues we are ever exposing ourselves too by doing this. For example. The older child is 7. I really didn't know her at that time. To "put my name on her birth certficiate" would make her eligable for U.S. citizenship. I would (I assume) do the same thing that I had to do for my daughter and stand in front of some one and swear "...to the best of my knowledge this is my child..." In the future if it ever came up, we could have issues.

We have the number for a Mexican immigration attorney and his advice is this is possible, but not recommended if it ever comes up in the future. If your wife only has a 1 year old child, which is very close to the time you met her, that might be a very small risk, but our situation seems a lot more.

I am not sure if this will help you at all but my wife is from Guatemala and had a child with no father on the birth certificate when we were married I went to the municiple building where they have the birth certificates and signed a reconsiliation form which added my name to the birth certificate under father. I do not know if mexico works the same way but it made everything so easy

Jeremy

[ab11936 0]

I don't understand why it is a "dead issue." My question was do I need the separate I-130 for my kids or will they just get a K4 with their mother? All of this was submitted as of last JUL2009. I do not understand why it is dead and gone?

ab

K3/4 is a dead issue. You must deal with USCIS to get those I-130 petitions approved. Unfortunately you seem to have the two visa process, one of which is dead and gone, mixed up in your head. Study the CR1 guide.

[Sheyla 0]

You will have to file another I130 for each stepchild and pay all the fees.

Mi situation was similar, i was going on the K3 and my husband filed one I 130 and I 129F where i could include my daugther in the same document.

But I had to file another Ia130 for my daughter since the new February 2010 news:

source: http://travel.state.gov/visa/immigrants/ty...types_2993.html

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

The nonimmigrant K visa will be administratively closed.

The application process explained below will not be applicable and cannot be used.

The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country.

So for K3 the children listed in the beneficiary´s I130 have derivative status with the K4, but on the CR1/IR1, the children listed on the beneficiary´s I130 don´t have derivative status and you have to file another I130 for each children. check http://travel.state.gov/visa/immigrants/ty...types_2991.html

About the children´s fathers name on Birth Certificate better ask USCIS and NVC, but I think with a letter explainig everything will be ok.

We also file the I130 with married name, and so far we havent had any problems. I sent copies of my passprt and birth certificate with single name and the i 130 with married name and i ve never heard somebody having a problem about it.

Hope this can help

Good luck.

[pushbrk 12,822]

I don't understand why it is a "dead issue." My question was do I need the separate I-130 for my kids or will they just get a K4 with their mother? All of this was submitted as of last JUL2009. I do not understand why it is dead and gone?

ab

It's dead and gone because the I-129F petition through which the K3 and K4 visas get issued, will never get to a Consulate. It will be administratively closed by NVC.

You need separate I-130 petitions for your children, which will result in CR2 visas. K3 and K4 are no longer being issued, regardless of when you filed, unless your I-129F cleared NVC before February 1, 2010.

The other crazy thing is that your profile indicates DCF, which would mean you filed through the Consulate directly instead of through a service center. If that were true, you couldn't have filed an I-129F at all and would never have thought K3 or K4 were options. Your profile also mentions California Service Center and only an I-130 petition at NVC. No mention is made of any I-129F. If this is correct, you never had a chance at K3/4 and have always been on a single CR1 path with no opportunity for children to apply for visas.

File those I-130 petitions for the children.

Edited March 6, 2010 by pushbrk