I-130 for stepchildren

[jlvr 1]

Filed an I-130 for my stepchildren and included all requested documents. My husband was never married to the mother of the children, so there was nothing to include related to a previous marriage.

Got an RFE asking for clarification of whether they had been married. USCIS has requested an affidavit if they were not.

Just a heads-up to anyone filing for stepchildren.

[cHiQy 1]

was the mother of the children listed on their Birth certificates?

[jlvr 1]

was the mother of the children listed on their Birth certificates?

Yes. I can't imagine a scenario that she wouldn't be.

[atsleumas 3]

Filed an I-130 for my stepchildren and included all requested documents. My husband was never married to the mother of the children, so there was nothing to include related to a previous marriage.

Got an RFE asking for clarification of whether they had been married. USCIS has requested an affidavit if they were not.

Just a heads-up to anyone filing for stepchildren.

Glad I stumbled on this post. I will be in same situation. What sort of affidavit did the USCIS require? One signed by your husband? or does the mother of the kids need to sign. The biological mother of my stepkids is the anti-christ and I know she wouldnt sign anything on our behalf.

[LIFE'SJOURNEY 970]

Because you will need the permission of the MOTHER, unless the father can show a legal document that has granted him full cutody.

[tine71 12]

Because you will need the permission of the MOTHER, unless the father can show a legal document that has granted him full cutody.

So, does the biological mother of the children needs to sign the affidavi document or it needs to be sign by the father, without asking the mother?

I am in the same situation, my wife never married to the father of her son.

Edited April 12, 2010 by tine71

[sachinky 465]

Unless, the immigrant parent has FULL custody, permission of the biological parent is needed in a very strongly worded notarized affidavit.

[tine71 12]

Unless, the immigrant parent has FULL custody, permission of the biological parent is needed in a very strongly worded notarized affidavit.

Do you know at what stage of the process does the affidavit letter of the father needs to be written?

Is it at the time of the consular interview or when you file I-130 with the USCIS office?

Edited April 12, 2010 by tine71

[sachinky 465]

I think it's at the time of the interview, but I could be wrong.

Maybe someone with kids involved can help you out here.

[tine71 12]

I think it's at the time of the interview, but I could be wrong.

Maybe someone with kids involved can help you out here.

Thanks!

[NArocks 13]

We were asked for the letter at the NVC stage ( send with the DS-230 or risk and RFE at the NVC stage ) , you also will need to check what the kids may need to be able to leave the country with only one parent. In Colombia there is a letter that we have to have everytime the boys ( well not just the little one ) go to colombia for vacation and when they left after they received their visa

[tine71 12]

Thank you for the Info NArocs.

I was wondering if you can give me an advised on what to put in the affidavit letter?

[NArocks 13]

ALl we did was

I _mothers name __ give permission for my child __child name __ to immigrate to the united states and live there permantly. If you have any questions please call me at ----------

Signed with Mothers name and notorized at the end

Edited April 12, 2010 by NArocks

[tine71 12]

Thank you very much for your help!

[jlvr 1]

Glad I stumbled on this post. I will be in same situation. What sort of affidavit did the USCIS require? One signed by your husband? or does the mother of the kids need to sign. The biological mother of my stepkids is the anti-christ and I know she wouldnt sign anything on our behalf.

Sorry, I didn't realize there were more responses in this thread. The letter that I'm referring to was an RFE we received before the I-130 was approved. We just sent in a typed letter stating that the mother and father of the children were never married, and therefore never divorced. It was signed by my husband but not notarized. It was accepted, our petition was approved within a couple of days after they received it.

There is a separate letter that will be required from the mother before they can receive their visa that states that she gives permission for them to leave the country.