I-130 Children

[ker&ket 0]

Hi everyone.

I will be filling a I-130 form in soon after we get married, my wife to be is a US citizen and at present we are all living in England. If I wanted to take my two sons over to the US with us do we need to fill different forms in for them, or can we put them down on the I-130 form as well. My sons do not live with us they live with my ex wife, so my wife to be who is the US citizen will be there step mum.

They are both teenagers so if they did not want to come with me next year is it possible for them to come over at a later date that’s say a year or two years later and stay in the US for good.

One of my sons is thirteen the other sixteen, also once they are over in the US could they travel out of the country for a holiday or would they have to stay in the US. Once we have filed our I-130 with the London embassy and it has gone through and you are given the ok to go to the US how much time do they give you to get out there my fiancée thinks its around three months is this true. Also do my sons have to go to the embassy for an individual interview each or is it different for them.

Thanks for any replies you leave they are all gratefully appreciated.

All the best K.

[JoannaV 174]

I will answer a few of your questions.

Once you get the visa you have 6 months to activate it. You are also able to return to the UK for a short period after activating it if you still need time to sort your affairs out. (eg sell a house.)

Once living in the US you and your sons will be free to travel abroad for holidays. It would be easiest to wait until you receive your actual green card (about 1 month after entering the US) but they could travel at any time.

You will need to file a separate I-130 for each person. If filed at the same time they should be processed together. You can also file for your sons separately in a year or two.

They will be required to attend the interview at the Embassy as well as you. (Well, if the interview occurs before the youngest turns 14 then he might not have to go, I think. But as you are not even married yet I am guessing he will be 14 by the time the interview comes.)

You will want to be married before your eldest son turns 18, but I'm guessing you will be.

[JoannaV 174]

Also, you might also need written permission from from your ex-wife for your sons to move to the US. I am not sure what exactly the case is with immigrants from the UK, however.