Who Files?

[chrisusaus 0]

My wife arrived here in the states a year ago. we have been married for 3 years as of next month. She has a green card and a SS number.

She had three children when we got married. They are 17 12 and 12 (twins)

Does she file for them or do I file for them to come here now.

In other words does she partition for them or do I.

Also do we need to send copies of my birth certificate and our marriage license with the Application I-130?

Thanks in advance for your help

[NickD 203]

My wife arrived here in the states a year ago. we have been married for 3 years as of next month. She has a green card and a SS number.

She had three children when we got married. They are 17 12 and 12 (twins)

Does she file for them or do I file for them to come here now.

In other words does she partition for them or do I.

Also do we need to send copies of my birth certificate and our marriage license with the Application I-130?

Thanks in advance for your help

You are the US citizen, correct, and you had to sponsor and petition your wife, with the I-130, I-485, EAD I-765 if you took that option, the medical, the I-693, the I-864, and the G-325A, is this correct?

If this is what you did go through to bring your wife here, the instant you married her, her three children became your step children and you should have filed for your three children at exactly the same time. That is what my immigration attorney advised for me to do and that is what we did, when we got to the I-751 stage, we only had one child that even turned 18 by the time our green cards came in, that child was covered under that single I-751 application with only the child's biometric fee extra.

The major complication was that my wife was divorced, so we had to prove she had full physical custody plus a signed notary apostille letter from her ex-husband that is was giving permission for that child to come to the USA. That wasn't so hard to get, we forgave the child support payments he had to pay in exchange for that letter.

As a US citizen you are given preference over a permanent resident and as the step father of children under 18 years of age can apply. Where are those kids now?

[chrisusaus 0]

My wife arrived here in the states a year ago. we have been married for 3 years as of next month. She has a green card and a SS number.

She had three children when we got married. They are 17 12 and 12 (twins)

Does she file for them or do I file for them to come here now.

In other words does she partition for them or do I.

Also do we need to send copies of my birth certificate and our marriage license with the Application I-130?

Thanks in advance for your help

You are the US citizen, correct, and you had to sponsor and petition your wife, with the I-130, I-485, EAD I-765 if you took that option, the medical, the I-693, the I-864, and the G-325A, is this correct?

If this is what you did go through to bring your wife here, the instant you married her, her three children became your step children and you should have filed for your three children at exactly the same time. That is what my immigration attorney advised for me to do and that is what we did, when we got to the I-751 stage, we only had one child that even turned 18 by the time our green cards came in, that child was covered under that single I-751 application with only the child's biometric fee extra.

The major complication was that my wife was divorced, so we had to prove she had full physical custody plus a signed notary apostille letter from her ex-husband that is was giving permission for that child to come to the USA. That wasn't so hard to get, we forgave the child support payments he had to pay in exchange for that letter.

As a US citizen you are given preference over a permanent resident and as the step father of children under 18 years of age can apply. Where are those kids now?

Yes to the above process, we filed all of that.

The Children are in the DR now.

On the I-130 there is no place for "Step Parent"

Unfortunately we did not file for them when I filed for her.

But that is water under the bridge now.

I will just check the Parent block and go from here. How well I know the ropes for filing, except everything in triplicate ..........