I-130: Does a 3 year old stepdaughter need one?

[A&M-Forever 0]

Have read conflicting reports on this....but basicaly, does my wife's 3 year old daughter (my stepdaughter) need to have a separate I-130 completed on her (as well as a G-325a)?

I believe the answer is no, but I'm not 100% positive. I have an embassy appointment next week......and want to have one ready in case it is needed.

Question 1 on the I-130 asks:

I am filing this petition for my:

Husband/Wife, Parent, Brother/Sister, or Child

Do I select Child? I take that as only meaning MY CHILD (as in Biological)...but perhaps it even includes Stepchildren????

THANKS!!!!

[Darnell 8,479]

were you intending for the step child to immigrate with the mother ?

if so - you might want to ask the US Embassy in Manila to reschedule yer wife's CR-1 interview - for later -

and then file an I-130 for the stepchild (would be a CR-2 visa, ultimately), to the lockbox address in Chicago, and get ready to prep the I-130 to get INTO the expedite queue at USCIS.

I've written up some process info on this expedite thing - see http://www.visajourney.com/forums/topic/255138-k3-k4-visa-converted-to-cr-1-by-national-visa-center/page__view__findpost__p__3918125 and ignore all about NVC Electronic processing (as it won't apply to you)

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After reviewing yer prior posts, I must assume that you are filing the I-130 via Direct Consular filing, and the interview is in Frankfurt Germany. Yes? No ?

I cannot determine if you are having a CR-1 visa interview, or if this appointment is to drop off the I-130 paperwork.

If to drop off the I-130 paperwork - YES - you need to make new I-130 for the child.

If to have CR-1 visa interview, instead, then by all means bring the new I-130, and DS-230, and I-864, and G-325A, and you'll have to explain to the Consular Officer in the Immigration Visa Unit exactly what the snafu was (ie - you didn't know you were supposed to include the I-130 paperwork on the child).

If the child is in Frankfurt with you, I think you'll get some sympathy at the Consulate - otherwise, if the child is in the PI, with expectation to interview in the PI - be prepared for longish wait - let the Consular Official guide you on exactly HOW to file.

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OK - I got it figured out now. You've not filed ANYTHING yet. But you are doing a DCF'd I-130. YUP - you need two I-130's - one for the spouse, one for the child. Is seperate filing fee, as well - another 355 on initial submittal. Get Busy, Sir !!

WHEW !

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*** moving to DCF Forum ***

Edited June 23, 2010 by Darnell

[A&M-Forever 0]

Darnell...thanks...will get busy right away...shouldn't be too taxing though...I have everything I need (I believe!).

Now, what about the G-325A, will the child need one also (to be included with the I-130)?

[Darnell 8,479]

To the best of my knowledge, yes. But mother can sign for her.

[Filipinawife0210 15]

Does you wife have sole custody of her child?

[A&M-Forever 0]

Yes, she does have sole custody (she was never married to the child's father).

I will also complete a G325-a and have her mother sign it...looks like I'll be pushing back my appointment now though to do this.....ahhhhhh...I may try to do one up and sign it myself.....just to see what they say.

[A&M-Forever 0]

But if you read the instructions on the I-130....it only lists the G325a as necessary for the Husband/Wife of the petitioner. For Stepchildren it says:

8. Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate (HAVE IT) of the stepparent (ME) to the child's natural parent showing that the marriage occurred before the child's 18th birthday (WHICH IT DID), copies of documents showing that any prior marriages were legally terminated (CHECK) and a copy of the stepchild's birth certificate (GOT IT).

So, I think I'm good without the 325a......

?

[A&M-Forever 0]

But if you read the instructions on the I-130....it only lists the G325a as necessary for the Husband/Wife of the petitioner. For Stepchildren it says:

8. Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate (HAVE IT) of the stepparent (ME) to the child's natural parent showing that the marriage occurred before the child's 18th birthday (WHICH IT DID), copies of documents showing that any prior marriages were legally terminated (CHECK) and a copy of the stepchild's birth certificate (GOT IT).

So, I think I'm good without the 325a......

?

But I'm doing one just to be safe

[Darnell 8,479]

sounds like things are forming up.

I'm excited, at the precipice of filing...

Hang in there - I think yer on the right track !

[Filipinawife0210 15]