WHAT IS MY STEP-SON FILES AS ON AN I-130?

[Gordito and Me 2]

Im posting this forum because I am a bit confused as to how im supposed to mark my stepson as on the i-130. My husband and his son are already here on their K3 and k4 visas respectively, I am not preparing the forms for Adjustment Of Status and found out that surpirze I have to pay more money for his son to file an i-130, on the i-130 though there is no stepson check mark on the top, how do I check mark him, as my Son or something else. Please advise. Thank you for your time and assistance, I trully appreciate it.

[Mononoke28 135]

Im posting this forum because I am a bit confused as to how im supposed to mark my stepson as on the i-130. My husband and his son are already here on their K3 and k4 visas respectively, I am not preparing the forms for Adjustment Of Status and found out that surpirze I have to pay more money for his son to file an i-130, on the i-130 though there is no stepson check mark on the top, how do I check mark him, as my Son or something else. Please advise. Thank you for your time and assistance, I trully appreciate it.

If your stepson arrived on a K4 visa, you don't need to file an I-130. All you need is to file for is AOS, nothing more.

Diana

[edp333 9]

The forms for AOS from a K visa are I-485, I-864, I-765 for work authorization, and G325a.

Click this link for the K AOS Visa Guide

Edited February 18, 2010 by edp333

[Gordito and Me 2]

Thanks for responding. I called USCIS yesterday and asked them in the morning. They gave me a whole layout telling me that if I have not filed an i-130 for him that if he came with my husband and my husband was approved that when i send both of their packages I must also send an i-130 for the child. Do you ave any info on that?

[Mononoke28 135]

No. He already arrived on a K4 visa, so all you need to do for both is file form I-485 for AOS along with the G-325A and form I-765 which is for their work permits, don't forget is one for each. You will need to file for work authorization even if your stepson is underage because without it, he won't be able to get his SSN until he has his green card. I know it's weird, but that's how the SSA operates.

Diana

[Gordito and Me 2]

The K visa for spouses *may* provide a major benefit for older stepchildren. Until now, a US Citizen would file an I-130 for the foreign spouse, and separate I-130 petitions for each child or step-child. Stepchildren would only be eligible if the marriage took place before the stepchild's 18th birthday. The revised I-129F will automatically include all children under 21, with no separate petition required, removing a major disparity between current K1/K2 and spousal immigrant visa processes. However, Although a separate I-130 petition is not required for the children to obtain a K4 visa, an approved I-130 petition is required before they may be approved for Adjustment of Status to permanent resident. The I-130 petition still states the U.S. Citizen petitioner may not file for a stepchild, unless the marriage took place before the stepchild's 18th birthday. This detail must be addressed, in order to prevent an older stepchild from moving here on a K4 visa, yet being denied approval of the I-130 petition.

this is what i was talking about, when they told me i need to file an i-130 for him although he came ni with his father on a k4.. so technically am i filing for him as my CHILD in the box options?

[hheaven67 2]

The K visa for spouses *may* provide a major benefit for older stepchildren. Until now, a US Citizen would file an I-130 for the foreign spouse, and separate I-130 petitions for each child or step-child. Stepchildren would only be eligible if the marriage took place before the stepchild's 18th birthday. The revised I-129F will automatically include all children under 21, with no separate petition required, removing a major disparity between current K1/K2 and spousal immigrant visa processes. However, Although a separate I-130 petition is not required for the children to obtain a K4 visa, an approved I-130 petition is required before they may be approved for Adjustment of Status to permanent resident. The I-130 petition still states the U.S. Citizen petitioner may not file for a stepchild, unless the marriage took place before the stepchild's 18th birthday. This detail must be addressed, in order to prevent an older stepchild from moving here on a K4 visa, yet being denied approval of the I-130 petition.

this is what i was talking about, when they told me i need to file an i-130 for him although he came ni with his father on a k4.. so technically am i filing for him as my CHILD in the box options?

You are correct, you must file an I-130 for your step-son as my husband had to do for my son....yes, more money! ugh...you can file all forms concurrently. Good luck!

jen

[pushbrk 13,102]

No. He already arrived on a K4 visa, so all you need to do for both is file form I-485 for AOS along with the G-325A and form I-765 which is for their work permits, don't forget is one for each. You will need to file for work authorization even if your stepson is underage because without it, he won't be able to get his SSN until he has his green card. I know it's weird, but that's how the SSA operates.

Diana

This is not correct. Unlike the K2, the K4 visa holder MUST have an approved I-130 to adjust status. If the OP didn't file an I-130 for the step-son already, they need to file one concurrent with the I-485. The box checked is "Child".

[Mononoke28 135]

This is not correct. Unlike the K2, the K4 visa holder MUST have an approved I-130 to adjust status. If the OP didn't file an I-130 for the step-son already, they need to file one concurrent with the I-485. The box checked is "Child".

That is correct. I thought the OP had filed their I-130 and I-129F petitions together for both, spouse and stepchild.

And it's not really an extra expense the USCIS is requesting since it would've been paid for at the beginning of the K4 visa process anyway.

Diana