Requirements for Children of Immigrating Spouse

[patacone 16]

My fiance and I plan to marry in March 2013 in the Philippines (her home country). Immediately thereafter we intend to apply for a spousal visa so that she, her children, and I can live together as a family here in the US. She has two young children (3-year old; 1-month old). I have read the spouse visa guide, but it's still unclear to me what forms are required to apply for CR-1 visa for all 3 of them. For example, are separate I-130 and G-325a forms required for my future spouse and each of her children, or are my future spouse's children covered on my spouse's form? If you know the answer to this question, please be as specific as possible regarding the requirements. Thanks.

[Penguin_ie 5,993]

Assuming they are not your biological kids (in which case, they may be entitled to US citizenship and not need a visa), yes, they need their own I-130 forms and bio forms, fees etc. You can send everything in the same envelope so the petitions are kept together.

[Ms Hogan 295]

We just sent in our I-130 package this week. It is for myself and 2 children. Each needs its own set of paperwork as outlined in the instructions for the I-130. Different requirements for the children vs. the parents. Less paperwork for the children. But as Penguin mentioned... it is different if the children are your own.

[sjr09 155]

My fiance and I plan to marry in March 2013 in the Philippines (her home country). Immediately thereafter we intend to apply for a spousal visa.

Beforehand you will need the NSO marriage certificate. "Immediately thereafter" you can assemble the I-130 package and apply.

Don't forget to request for an ADVANCE ENDORSEMENT of your marriage certificate so you won't have to wait 6 months to get it.

[Christine n Carl 0]

Beforehand you will need the NSO marriage certificate. "Immediately thereafter" you can assemble the I-130 package and apply.

Don't forget to request for an ADVANCE ENDORSEMENT of your marriage certificate so you won't have to wait 6 months to get it.

Hello,

Can you give me information on how to obtain or carry out "Advance Endorsement" of marriage certificate?

My fiancee and I are planning our wedding as well as gathering documentation and information required

for a Philippine wedding. Any information on how we can make getting Official marriage certificate from NSO

after completion of wedding is greatly appreciated.

Sincerely

Carl Richardson

[pushbrk 12,824]

Assuming they are not your biological kids (in which case, they may be entitled to US citizenship and not need a visa), yes, they need their own I-130 forms and bio forms, fees etc. You can send everything in the same envelope so the petitions are kept together.

No "bio forms" (G325a) are required for step children but the rest of the above is correct. Pay special attention to the requirements for step children as they differ in more ways than the lack of need for biographical forms.

If the younger child is the US Citizen's natural child (or both) then a Consular Report of Birth Abroad and potentially DNA tests would be required instead of I-130 petition package(s).

[sjr09 155]

Hello,

Can you give me information on how to obtain or carry out "Advance Endorsement" of marriage certificate?

My fiancee and I are planning our wedding as well as gathering documentation and information required

for a Philippine wedding. Any information on how we can make getting Official marriage certificate from NSO

after completion of wedding is greatly appreciated.

Sincerely

Carl Richardson

You can request advance endorsement from the Civil Register office, in your province.

[patacone 16]

Assuming they are not your biological kids (in which case, they may be entitled to US citizenship and not need a visa), yes, they need their own I-130 forms and bio forms, fees etc. You can send everything in the same envelope so the petitions are kept together.

Thank you so much for your reply, Penguin. It's really great to have your advice to help through the process.

[patacone 16]

We just sent in our I-130 package this week. It is for myself and 2 children. Each needs its own set of paperwork as outlined in the instructions for the I-130. Different requirements for the children vs. the parents. Less paperwork for the children. But as Penguin mentioned... it is different if the children are your own.

The children are my fiancee's, so i will need paperwork for each of them. Please keep me posted on the progress of your petition.

[patacone 16]

Beforehand you will need the NSO marriage certificate. "Immediately thereafter" you can assemble the I-130 package and apply.

Don't forget to request for an ADVANCE ENDORSEMENT of your marriage certificate so you won't have to wait 6 months to get it.

Thanks for the tip regarding ADVANCE ENDORSEMENT for the NSO marriage certificate. A 6-month wait is definitely something we want to avoid.

[patacone 16]

No "bio forms" (G325a) are required for step children but the rest of the above is correct. Pay special attention to the requirements for step children as they differ in more ways than the lack of need for biographical forms.

If the younger child is the US Citizen's natural child (or both) then a Consular Report of Birth Abroad and potentially DNA tests would be required instead of I-130 petition package(s).

Thank you for the clarification regarding the G325a (bio forms), pushbrk. Both of the children will be my step children following our marriage.

[pushbrk 12,824]

Thanks for the tip regarding ADVANCE ENDORSEMENT for the NSO marriage certificate. A 6-month wait is definitely something we want to avoid.

Yes but the NSO marriage certificate is not needed until the NVC stage, several months after the petition is filed. The local marriage certificate is sufficient for filing the petition. Advance Endorsement is a good idea anyway but no need to wait for the NSO certificate to file.