Question about G325A for K4

[TongandWei 0]

On stepson (16 yr old)'s G325A, should he fill "Applicant's employment" section as a student and list the schools' name?

Thanks

[YuAndDan 153]

They are not asking for school there, just put "Unemployed"

[aussiewench 9]

TongandWei

What petition are you submitting the G-325A for your step son with? The K-4 is a derivative of the K-3 and there is no additional petition required to be submitted for the K-4 visa. An approved I-130 will however be required when adjusting status in the US from the K-4. Or, if your spouse does the CR-1, your step son will need his own I-130 as there is no derivative of the IR-CR-1 visa. Even then there is no requirement on the I-130 instructions for a G-325A to be submitted for a child, only for a spouse.

I-130 Instructions.....

C. A child and you are the father: Submit a copy of the child's birth certificate showing both parents' names and your marriage certificate.

From USCIS, only unfortunately the link is broken and I don't have the time right now to search for the link again on their new site....

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

* Form I-130, Petition for Alien Relative

* A copy of your birth certificate or U.S. passport

* If you were not born in the U.S., a copy of either:

o your Certificate of Naturalization or Citizenship or

o your U.S. passport

* A copy of the child’s birth certificate showing the child’s name and the names of both parents

* A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)

* A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse

* Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.

* If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

http://www.uscis.gov/graphics/howdoi/childproc.htm#usstepparent

[TongandWei 0]

Thank you all for the information.

I'm filing I-130 for my stepson. In case my husband's I130 is approved before their I129F they can have option to go for CR1, so I have to have I130 filed for both of them.

[Yodrak 7]

TongandWei,

But, as aussiewench points out, the I-130 for your stepson does not require any G-325As.

Yodrak

Thank you all for the information.

I'm filing I-130 for my stepson. In case my husband's I130 is approved before their I129F they can have option to go for CR1, so I have to have I130 filed for both of them.

Edited November 16, 2006 by Yodrak

[TongandWei 0]

For a child over 16 yr. old. G325A is not required? Somehow I got impression that for a child under 14 a G325A isn't required.

[riblet 0]

For the I130 the instructions do not require a G325A for any child, just for spouse. It's in the instructions that come with the form.

For a child over 16 yr. old. G325A is not required? Somehow I got impression that for a child under 14 a G325A isn't required.

[Yodrak 7]

TongandWei,

You are perhaps thinking of form I-485 for adjustment of status.

Yodrak

For a child over 16 yr. old. G325A is not required? Somehow I got impression that for a child under 14 a G325A isn't required.

[TongandWei 0]

TongandWei,

You are perhaps thinking of form I-485 for adjustment of status.

Yodrak

Yodrak,

At this point, I haven't gone that far. My concern is that in case my husband's I130 is approved before their I129F then my stepson would be left behind if I don't file his I130.

[nyseness 0]

Yes you must complete a I-130 for both your spouse and your step-child, however, the G-325A form is only required for you and your spouse not the child.

Hope that helps.

[aussiewench 9]

TongandWei

See my post above where there is a list of the only documents etc that are required to be submitted for a childs I-130. The G-325A is NOT one of the requirements. A G-325A is ONLY submitted with a spouse's I-130.

[TongandWei 0]

Thank you everyone!

I have pulled out his G325A and will send the rest of the doc to VSC by USPS certificate mail tonight.