I130 PETITTION - DOES MY STEP-DAUGHTER NEED ONE???

[Boorai 0]

I am just beginning the I130 process. Have yet to even make my first submission. I am confused about my step-daughter (5 years old). Does she need her own seperate I130 at this time? Or is my wife's the only one that is needed, with my step-daughter begin carried on her's?

I see that eventually she WILL need an I130, but is it best to achieve that NOW or wait until later?

Any advise would be well recieved...thank you very much.

[pushbrk 13,076]

I am just beginning the I130 process. Have yet to even make my first submission. I am confused about my step-daughter (5 years old). Does she need her own seperate I130 at this time? Or is my wife's the only one that is needed, with my step-daughter begin carried on her's?

I see that eventually she WILL need an I130, but is it best to achieve that NOW or wait until later?

Any advise would be well recieved...thank you very much.

You can file the daughter's I-130 now or with her Adjustment of Status. My recommendation is to do it now, so she has an option for an immigrant visa and both mother and daughter can complete AOS together rather than waiting for the daughter's I-130 to be approved. Then, seriously consider just sticking with the immigrant visa and skipping the I-129F for spouse altogether.

[Boorai 0]

What is the definable difference between dismissing the I129F or not? Is the only difference the time it takes for them to get to the U.S. Because, of course, I want them here ASAP.

If I file teh I130 for my step-daughter. does that include all the others with it...the G325A, the proof of relationship and all that stuff too?

Plus, just how much proof do I need to send to USCIS. I have over 1000 instant messages, 1000 emails spanning the time of 2 years. Plus nearly 300 photographs from my 3 trips to the Philippines. I just do not want to UNDER send what may be needed. Any suggestions?

I am just beginning the I130 process. Have yet to even make my first submission. I am confused about my step-daughter (5 years old). Does she need her own seperate I130 at this time? Or is my wife's the only one that is needed, with my step-daughter begin carried on her's?

I see that eventually she WILL need an I130, but is it best to achieve that NOW or wait until later?

Any advise would be well recieved...thank you very much.

You can file the daughter's I-130 now or with her Adjustment of Status. My recommendation is to do it now, so she has an option for an immigrant visa and both mother and daughter can complete AOS together rather than waiting for the daughter's I-130 to be approved. Then, seriously consider just sticking with the immigrant visa and skipping the I-129F for spouse altogether.

[pushbrk 13,076]

What is the definable difference between dismissing the I129F or not? Is the only difference the time it takes for them to get to the U.S. Because, of course, I want them here ASAP.

If I file teh I130 for my step-daughter. does that include all the others with it...the G325A, the proof of relationship and all that stuff too?

Plus, just how much proof do I need to send to USCIS. I have over 1000 instant messages, 1000 emails spanning the time of 2 years. Plus nearly 300 photographs from my 3 trips to the Philippines. I just do not want to UNDER send what may be needed. Any suggestions?

You'll want to balance the extra couple months for an immigrant visa against the significant extra cost of going the K3 route and make a decision based on your own priorities.

Your step daughter's I-130 includes everything the instructions say to include for a child which doesn't include any of the "should include one or more of the following...." related to a spouse. Further, I've seen no evidence that a couple who have never lived together need to provide any more evidence at filing than the marriage certificate. You can save your evidence of bona fides for the interview.

[Boorai 0]

what is a reason time to expect a I130 to be approved from the Embassy of the Philippines?

[pushbrk 13,076]

what is a reason time to expect a I130 to be approved from the Embassy of the Philippines?

Your process will have nothing to do with the Embassy of the Philippines. You'll want to check the timelines in the guides for current estimates but you can think in terms of 8 to 12 months on average with the immigrant visa process taking a month or two longer generally. There's also the chance your CR1/2 process could have been faster than the K3/4 but you'll never know.

You'll be going through the US Embassy in Manila, (Commonly called USEM here.) not the Embassy of the Philippines, in Washington DC.

[rin and john 71]

what is a reason time to expect a I130 to be approved from the Embassy of the Philippines?

For interviews that have occurred in Manila within the past 12 months, CR-1/IR-1 has averaged 351 days from petition to interview; K3 has averaged 266 days. The data is potentially skewed as some of the CR-1/IR-1's started out as K-3's and changed to CR-1/IR-1 (either changed by the applicant or USCIS). I would plan on 2 to 4 months additional time for the CR-1/IR-1.

Manila___K_3_vs_cr_1.htm

Factors that Rin and I considered in making the decision:

1) How long have you been married? If you go for the immigrant visa and it is less than two years, she will get a conditional GC. More than two years and she will get a 10 year GC.

2) Will your wife want to work in the USA (within the first two years of arrival)? With the CR-1/IR-1 she can work right away. With the K-3, you will have to file for an EAD. This can be done either before adjusting status (for a price), or along with adjusting status (EAD fee waived).

In Rin's case, she had no plans to work and we had been married less than two years when we applied. So we opted for the K-3. The primary reason was to re-unite faster. We waited until this summer to adjust status (a K-3 visa is valid for two years) so that she will most likely receive a 10 yr GC (I actually filed a few months earlier than I wanted to for tax rebate purposes).

With regards to cost, this is from a previous post I made (and depends on your answers to 1) and 2) above):

"A K3 costs $355 for the I-130 plus $100 for the visa (at the embassy); $455 total. The IR-1/CR-1 costs $355 for I-130 plus $70 for AOS bill plus $400 for IV bill (best I could figure, someone correct me if I am wrong) plus $100 for the visa (at the embassy); $925 total. With the latter your spouse can get a SSN and work upon arrival in the USA. With a K3, no SSN or EAD. To get them, you would have to file AOS, $1,010 cost. However, if your spouse will not work, then the costs between the two are virtually the same. My wife stays home with the children, so we have not filed AOS yet (her K3 visa is valid for two years). When we reach our second anniversary (in October) she will have been in the USA for 1 1/2 years. At that time we will file AOS. It will be $1,010 but will result in a ten year GC. Our total, start to 10 yr GC will be $1,465. If we had filed for IR-1/CR-1, then two years after her arrival we would have filed I-751 to lift conditions, cost of $545. Total cost from start to 10 yr GC would have been $1,470. If the K3 route is chosen plus AOS upon arrival (to get SSN and EAD) then the total would be $455 plus $1,010 plus $545 (for lifting conditions); a total of $2,010."

Best of luck!

John

[pushbrk 13,076]

what is a reason time to expect a I130 to be approved from the Embassy of the Philippines?

For interviews that have occurred in Manila within the past 12 months, CR-1/IR-1 has averaged 351 days from petition to interview; K3 has averaged 266 days. The data is potentially skewed as some of the CR-1/IR-1's started out as K-3's and changed to CR-1/IR-1 (either changed by the applicant or USCIS). I would plan on 2 to 4 months additional time for the CR-1/IR-1.

Manila___K_3_vs_cr_1.htm

Factors that Rin and I considered in making the decision:

1) How long have you been married? If you go for the immigrant visa and it is less than two years, she will get a conditional GC. More than two years and she will get a 10 year GC.

2) Will your wife want to work in the USA (within the first two years of arrival)? With the CR-1/IR-1 she can work right away. With the K-3, you will have to file for an EAD. This can be done either before adjusting status (for a price), or along with adjusting status (EAD fee waived).

In Rin's case, she had no plans to work and we had been married less than two years when we applied. So we opted for the K-3. The primary reason was to re-unite faster. We waited until this summer to adjust status (a K-3 visa is valid for two years) so that she will most likely receive a 10 yr GC (I actually filed a few months earlier than I wanted to for tax rebate purposes).

With regards to cost, this is from a previous post I made (and depends on your answers to 1) and 2) above):

"A K3 costs $355 for the I-130 plus $100 for the visa (at the embassy); $455 total. The IR-1/CR-1 costs $355 for I-130 plus $70 for AOS bill plus $400 for IV bill (best I could figure, someone correct me if I am wrong) plus $100 for the visa (at the embassy); $925 total. With the latter your spouse can get a SSN and work upon arrival in the USA. With a K3, no SSN or EAD. To get them, you would have to file AOS, $1,010 cost. However, if your spouse will not work, then the costs between the two are virtually the same. My wife stays home with the children, so we have not filed AOS yet (her K3 visa is valid for two years). When we reach our second anniversary (in October) she will have been in the USA for 1 1/2 years. At that time we will file AOS. It will be $1,010 but will result in a ten year GC. Our total, start to 10 yr GC will be $1,465. If we had filed for IR-1/CR-1, then two years after her arrival we would have filed I-751 to lift conditions, cost of $545. Total cost from start to 10 yr GC would have been $1,470. If the K3 route is chosen plus AOS upon arrival (to get SSN and EAD) then the total would be $455 plus $1,010 plus $545 (for lifting conditions); a total of $2,010."

Best of luck!

John

The $400 IV (means Immigrant Visa) fee is the visa fee. There is no additional $100. The K3 visa fee is now $131, so the total cost in fees alone from filing to ten year green card (assuming initial conditional green card) would be $2010 for K3 or $1370 for the CR1/ IR1 route. For two, the difference is $1280. This doesn't count expenses of traveling for AOS and ROC biometrics and interviews. In our case it was 80 miles each way for biometrics and 150 miles each way for the interview. We paid the old fees.

At that time, CR1 in China was taking at least six months longer and because the fee for EAD was separate anyway, we got the EADs before filing AOS. Working before AOS didn't cost extra back then and neither wife or daughter needed or was ready to work for several months anyway.

[rin and john 71]

what is a reason time to expect a I130 to be approved from the Embassy of the Philippines?

For interviews that have occurred in Manila within the past 12 months, CR-1/IR-1 has averaged 351 days from petition to interview; K3 has averaged 266 days. The data is potentially skewed as some of the CR-1/IR-1's started out as K-3's and changed to CR-1/IR-1 (either changed by the applicant or USCIS). I would plan on 2 to 4 months additional time for the CR-1/IR-1.

Manila___K_3_vs_cr_1.htm

Factors that Rin and I considered in making the decision:

1) How long have you been married? If you go for the immigrant visa and it is less than two years, she will get a conditional GC. More than two years and she will get a 10 year GC.

2) Will your wife want to work in the USA (within the first two years of arrival)? With the CR-1/IR-1 she can work right away. With the K-3, you will have to file for an EAD. This can be done either before adjusting status (for a price), or along with adjusting status (EAD fee waived).

In Rin's case, she had no plans to work and we had been married less than two years when we applied. So we opted for the K-3. The primary reason was to re-unite faster. We waited until this summer to adjust status (a K-3 visa is valid for two years) so that she will most likely receive a 10 yr GC (I actually filed a few months earlier than I wanted to for tax rebate purposes).

With regards to cost, this is from a previous post I made (and depends on your answers to 1) and 2) above):

"A K3 costs $355 for the I-130 plus $100 for the visa (at the embassy); $455 total. The IR-1/CR-1 costs $355 for I-130 plus $70 for AOS bill plus $400 for IV bill (best I could figure, someone correct me if I am wrong) plus $100 for the visa (at the embassy); $925 total. With the latter your spouse can get a SSN and work upon arrival in the USA. With a K3, no SSN or EAD. To get them, you would have to file AOS, $1,010 cost. However, if your spouse will not work, then the costs between the two are virtually the same. My wife stays home with the children, so we have not filed AOS yet (her K3 visa is valid for two years). When we reach our second anniversary (in October) she will have been in the USA for 1 1/2 years. At that time we will file AOS. It will be $1,010 but will result in a ten year GC. Our total, start to 10 yr GC will be $1,465. If we had filed for IR-1/CR-1, then two years after her arrival we would have filed I-751 to lift conditions, cost of $545. Total cost from start to 10 yr GC would have been $1,470. If the K3 route is chosen plus AOS upon arrival (to get SSN and EAD) then the total would be $455 plus $1,010 plus $545 (for lifting conditions); a total of $2,010."

Best of luck!

John

The $400 IV (means Immigrant Visa) fee is the visa fee. There is no additional $100. The K3 visa fee is now $131, so the total cost in fees alone from filing to ten year green card (assuming initial conditional green card) would be $2010 for K3 or $1370 for the CR1/ IR1 route. For two, the difference is $1280. This doesn't count expenses of traveling for AOS and ROC biometrics and interviews. In our case it was 80 miles each way for biometrics and 150 miles each way for the interview. We paid the old fees.

At that time, CR1 in China was taking at least six months longer and because the fee for EAD was separate anyway, we got the EADs before filing AOS. Working before AOS didn't cost extra back then and neither wife or daughter needed or was ready to work for several months anyway.

So if married less than two years and willing to get the K-3 and then wait to file AOS until around the 2nd wedding anniversary, the difference is $1,496 (K-3) vs. $1,370 (CR-1/IR-1) for the spouse, right? For a K-4 child, the AOS is $600 instead of $1,010, so the K-4 vs. CR-1/IR-1 for a child cost difference is $1,086 vs. $905 (if waiting until a 10 yr GC can be obtained for the K-4) as the CR-1 child only pays biometrics fee of $80 when lifting conditions on the same I-751 as the parent. Total difference for spouse and one child is $302 (and in my case worth the 3 to 5 months reduction in time spent apart).

If not willing/able to wait, then it is $2,041 vs. $1,370 for the spouse and $1,576 vs. $905 for the child. Total difference for spouse and one child is $1,342.

[jurod16 0]

I am just beginning the I130 process. Have yet to even make my first submission. I am confused about my step-daughter (5 years old). Does she need her own seperate I130 at this time? Or is my wife's the only one that is needed, with my step-daughter begin carried on her's?

I see that eventually she WILL need an I130, but is it best to achieve that NOW or wait until later?

Any advise would be well recieved...thank you very much.

Hello,

I just filed the petitions for my wife and step-daughter. I did them both at the same time so that it'll be taken care of and not bite me in the foot later down the road, meaning you only have to play the waiting game once. Good luck to you and your family.

Jurod16

[elyandmichael 0]

Hello VJ's

I wonder if my husnband can file the peticion for my children after we be living in US??....or there are some rules about the time to peticion for children and stepchildren....

I want to know what I should do with the GS-325A form for my children, in the part of sign, they are 9 and 5 years old, so this part should be let in blank? or I should sign the form for they??....

Also, I have 3 children, I need to get ORIGINAL DOCUMENTS for all of them separately??..I mean Original Birth Certificate + Original married Certificate for each one???? or just ONE ORIGINAL for my 3 children??...

thanks for your help...

[filirican 3]

that would be a long process pain in the butt if u dont care about the expense to get ur wife here do the k3 faster and its worth it! goodluck!