I-130 Spouse and stepchild for US citizen petitioning

[Oaqui3 0]

Hello

I got married to a Filipina last year in the Philippines. I am a US born citizen. She has a year old son born out of wedlock before we met. Now I want to bring them to stay with me in the states.

I am starting on my i-130 petition. I have a I-130 form with my wife mentioning that she has a son.

I was wondering do i need a separate for for my step child?

and if so, do i have to pay a fee for both of them?

I am petitioning them together at the same time.

and what happens next...

i thought my wife could just include my stepchild when she does the DS-230 part 1 application. or do we do separate ds-230 for him also

so. Do i need to make a separate i-130 for my stepson and pay the filing fee also?

thank you in advance for all your guy's help.

[Ryan H 3,812]

Your stepson will require a separate petition and fee.

Edited February 11, 2012 by Ryan H

[Alaska2012 462]

Everything you do for your spouse you do for your stephson. My husband had to fill in the same for my son as for me. And yes you have to pay fees for them both

[Oaqui3 0]

ok. thank you for the information. i am going to file separate i130 forms then. and send them both together in the same packet.

[Oaqui3 0]

vIt says on this website

http://www.visajourney.com/faq/k3k4visa-outline.html

“The K visa for spouses *may* provide a major benefit for older stepchildren. Until now, a US Citizen would file an I-130 for the foreign spouse, and separate I-130 petitions for each child or step-child. Stepchildren would only be eligible if the marriage took place before the stepchild's 18th birthday. The revised I-129F will automatically include all children under 21, with no separate petition required, removing a major disparity between current K1/K2 and spousal immigrant visa processes. However, Although a separate I-130 petition is not required for the children to obtain a K4 visa, an approved I-130 petition is required before they may be approved for Adjustment of Status to permanent resident. The I-130 petition still states the U.S. Citizen petitioner may not file for a stepchild, unless the marriage took place before the stepchild's 18th birthday. This detail must be addressed, in order to prevent an older stepchild from moving here on a K4 visa, yet being denied approval of the I-130 petition.”

More specifically

“The revised I-129F will automatically include all children under 21, with no separate petition required, removing a major disparity between current K1/K2 and spousal immigrant visa processes. However, Although a separate I-130 petition is not required for the children to obtain a K4 visa, an approved I-130 petition is required before they may be approved for Adjustment of Status to permanent resident.”

Right now I am starting the process…

Do I need to do a separate I-130 for my stepson or will that be taken care of when I do the i-129F?

[dan_ling 6]

K1 is for Fiancee visa, you are married you would file CR1/CR2 visas. I'm not familiar with the K3/K4?

Edited March 20, 2012 by dan_ling

[Darnell 8,478]

vIt says on this website

http://www.visajourney.com/faq/k3k4visa-outline.html

“The K visa for spouses *may* provide a major benefit for older stepchildren. Until now, a US Citizen would file an I-130 for the foreign spouse, and separate I-130 petitions for each child or step-child. Stepchildren would only be eligible if the marriage took place before the stepchild's 18th birthday. The revised I-129F will automatically include all children under 21, with no separate petition required, removing a major disparity between current K1/K2 and spousal immigrant visa processes. However, Although a separate I-130 petition is not required for the children to obtain a K4 visa, an approved I-130 petition is required before they may be approved for Adjustment of Status to permanent resident. The I-130 petition still states the U.S. Citizen petitioner may not file for a stepchild, unless the marriage took place before the stepchild's 18th birthday. This detail must be addressed, in order to prevent an older stepchild from moving here on a K4 visa, yet being denied approval of the I-130 petition.”

More specifically

“The revised I-129F will automatically include all children under 21, with no separate petition required, removing a major disparity between current K1/K2 and spousal immigrant visa processes. However, Although a separate I-130 petition is not required for the children to obtain a K4 visa, an approved I-130 petition is required before they may be approved for Adjustment of Status to permanent resident.”

Right now I am starting the process…

Do I need to do a separate I-130 for my stepson or will that be taken care of when I do the i-129F?

Hi ! Welcome to Visa Journey !

NVC has been closing I-129F petitions, when they travel together with an approved I-130 petition (99.99999percent of them do, btw)

so

any hope of getting a derivative k-4 visa is pointless.

Instead, file as many I-130's for as many humans are coming over (wife, step child)

and forget about the K-4. It's not available any more, as the K-3, the visa type the K-4 derives from, isn't being issued anymore.

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Sure, the K3/K4 faq is still up here at VJ, but i strongly suggest you not follow it, unless you are a glutton for pain and punishment.

Edited March 20, 2012 by Darnell