IR-1 Questions

[dirtpile 0]

Hi All,

I've done a lot of reading but forgive me if these questions are answered elsewhere. I've got several questions and any help would be greatly appreciated.

I am a USC. Recently moved back from Canada after 12 years there to accept a job in USA. I am trying to bring my Canadian wife and 2 yr son in addition to an unborn son who is due June '10. I was going go the K3 route but I am reading that that is "dead." Is this correct?

So it looks like I need to go the IR-1 route. This means I have to file an I-130 for wife and both sons correct? (My sons don't qualify for USC due to the fact that I didn't live in the US for 2 years after my 14th birthday. Unless someone can show me otherwise??) Does it matter if I file the I-130's at different times? Ie. I just mailed my wife's but didn't realize that the K3 isn't an option anymore. Does it matter if I file my 2 yr old son's I-130 at a later date?

Further, if I do have to file I-130s for each person how do I file an I-130 for an unborn son? Do I have to wait until post-birth? Do I have to wait until a birth certificate is issued? (This is a 4 mos. process itself!) Or can I file once I have a DOB and name and send along a birth certificate later?

Lastly, is there a way that my family can wait in the United States with me during the process? I had hoped they could come as "visitors" and we could prove to CPB that their intention was to return. If I am correct Canadians can spend up to 6 mos. of the calendar year in the US without a Visa. I read that I would just have to prove that they had ties to Canada and prove that they had intent to return. (Bank account, letters from a church or other org's, return plane tickets etc) Any help on this? Is this possible? I have no desire to wait here while I miss a year of my kids' lives.

Thanks

[dirtpile 0]

Also do I need to include a cover letter in each of my I-130 applications?

[payxibka 10,047]

Yes, all intended immigrants will need separate I-130's. You cannot do an I-130 for an unborn child...

It would have been best to send all I-130's together so they traveled the system together but you can submit now (and should) to get them going

Edited June 6, 2010 by payxibka

[theladynthetramp 0]

you should file 2 i-130 petitions, one for your wife and one for your two year old son. you can't file a petition for your unborn child yet though. i know it sucks! cuz it takes time for them to approve! i have a son living with me in the US and he hasnt seen his dad yet cuz we are still waitin for the pending i-130 for him. we we couldnt even issue him a passport. hope and patience is all we have to have!

but, be careful, when your wife and son apply for a family based green card, they might not b accepted to enter the US while their i-130s are pending.

If possible, I suggest she comes to you (with your son of course) and have her file I-130 + Form I-485 seeking adjustment of status for both of them. and your unborn child should receive a US citizenship by birth in the States.

That's what I'd do. I know I-485 is expensive, but it'd be worth it, trust me.

[theladynthetramp 0]

hmmm, i read your post again, n it seems u filed i-130 for your wife already. see the thing is the US might deny her to enter as a visitor because she showed intentions of immigrating (applying an i-130 is a proof of immigration intentions to the US). but Im not sure, you have get in touch with the US embassy in Canada, and see if she can travel as a visitor while her petition is pending. if she can, then hurry up, bring her next to u, n u can file the application to register a permnant resident (www.uscis.gov/files/form/i-485.pdf) for her, n file i-130 and i-485 for your two year old son, while u dont have to go through immigration process for your unborn child!

good luck! i wish u the best!