Husbands children to U.S. - Follow-Join benefits???

[sekoya 0]

Hi All,

I have read through most info here and on USCIF website... not clear though on whether my husband would quallify to bring his two sons (ages 8 and 9) to the U.S. without having to file seperate I-130 forms and without them having to wait for visa numbers?? He just got here about two months ago (we married, filed I-130, he is a permanent resident on conditional status for two years). I called the USCIF line and the lady was very nice but not much help. She said they would qualify if they had been listed as dependents on his original petition, however, I don't recall seeing anything about dependents on the form... He did list them on the part where it asks if he has any children, but not specifically dependents?? Also, I read it is possible for me to file for them since I am technically their step-mother... I read that if a U.S. citizens petitions for a child the child does not have to wait for a visa number? Is this true with stepchildren as well?

Any suggestions?

Thank you soooo much. Of course we are anxious to get them here and looking for the best way....

Edited August 9, 2006 by sekoya

[Yodrak 7]

sekoya,

If I understand correctly what you've written your husband did not have an original petition - you did. And you can likewise petition for his children, your stepchildren. You are correct that if you petition visa numbers will be immediately available for the children, but if your husband petitions the children will have to wait in line.

Am I correct that your husband came to the USA using an immigrant visa, not a K visa?

Yodrak

Hi All,

I have read through most info here and on USCIF website... not clear though on whether my husband would quallify to bring his two sons (ages 8 and 9) to the U.S. without having to file seperate I-130 forms and without them having to wait for visa numbers?? He just got here about two months ago (we married, filed I-130, he is a permanent resident on conditional status for two years). I called the USCIF line and the lady was very nice but not much help. She said they would qualify if they had been listed as dependents on his original petition, however, I don't recall seeing anything about dependents on the form... He did list them on the part where it asks if he has any children, but not specifically dependents?? Also, I read it is possible for me to file for them since I am technically their step-mother... I read that if a U.S. citizens petitions for a child the child does not have to wait for a visa number? Is this true with stepchildren as well?

Any suggestions?

Thank you soooo much. Of course we are anxious to get them here and looking for the best way....

[sekoya 0]

Thank you Yodrak for your response...

yes, my husband came here using an immigrant visa. part of why i'm confused is because i am reading that if you came with a K visa (and other various visas, but not an immigrant visa) that you have these follow-to-join benefits in which you would not have to file seperate I-130's (a huge savings) and they dont have to wait for visa numbers , but not if you immigrated as an immediate relative? how does this make any sense?

also, if i petition for them i need to fill out the support afidavit, can i use a joint sponsor? can it be the same for both children?

Thanks again.

sekoya,

If I understand correctly what you've written your husband did not have an original petition - you did. And you can likewise petition for his children, your stepchildren. You are correct that if you petition visa numbers will be immediately available for the children, but if your husband petitions the children will have to wait in line.

Am I correct that your husband came to the USA using an immigrant visa, not a K visa?

Yodrak

Hi All,

I have read through most info here and on USCIF website... not clear though on whether my husband would quallify to bring his two sons (ages 8 and 9) to the U.S. without having to file seperate I-130 forms and without them having to wait for visa numbers?? He just got here about two months ago (we married, filed I-130, he is a permanent resident on conditional status for two years). I called the USCIF line and the lady was very nice but not much help. She said they would qualify if they had been listed as dependents on his original petition, however, I don't recall seeing anything about dependents on the form... He did list them on the part where it asks if he has any children, but not specifically dependents?? Also, I read it is possible for me to file for them since I am technically their step-mother... I read that if a U.S. citizens petitions for a child the child does not have to wait for a visa number? Is this true with stepchildren as well?

Any suggestions?

Thank you soooo much. Of course we are anxious to get them here and looking for the best way....

[Yodrak 7]

sekoya,

Every immigrant needs a sponsor and an I-864 affidavit of support. You can have a Joint Sponsor, if you need one, and it can be the same Joint Sponsor for both children or two separate Joint Sponsors one for each child.

Yodrak

Thank you Yodrak for your response...

yes, my husband came here using an immigrant visa. part of why i'm confused is because i am reading that if you came with a K visa (and other various visas, but not an immigrant visa) that you have these follow-to-join benefits in which you would not have to file seperate I-130's (a huge savings) and they dont have to wait for visa numbers , but not if you immigrated as an immediate relative? how does this make any sense?

also, if i petition for them i need to fill out the support afidavit, can i use a joint sponsor? can it be the same for both children?

Thanks again.

sekoya,

If I understand correctly what you've written your husband did not have an original petition - you did. And you can likewise petition for his children, your stepchildren. You are correct that if you petition visa numbers will be immediately available for the children, but if your husband petitions the children will have to wait in line.

Am I correct that your husband came to the USA using an immigrant visa, not a K visa?

Yodrak

Hi All,

I have read through most info here and on USCIF website... not clear though on whether my husband would quallify to bring his two sons (ages 8 and 9) to the U.S. without having to file seperate I-130 forms and without them having to wait for visa numbers?? He just got here about two months ago (we married, filed I-130, he is a permanent resident on conditional status for two years). I called the USCIF line and the lady was very nice but not much help. She said they would qualify if they had been listed as dependents on his original petition, however, I don't recall seeing anything about dependents on the form... He did list them on the part where it asks if he has any children, but not specifically dependents?? Also, I read it is possible for me to file for them since I am technically their step-mother... I read that if a U.S. citizens petitions for a child the child does not have to wait for a visa number? Is this true with stepchildren as well?

Any suggestions?

Thank you soooo much. Of course we are anxious to get them here and looking for the best way....