Dependent Children on I-130

[Soy&K 0]

Hi,

As US citizen I am sponsoring my recently married spouse who has been in the US on H1B since 2008 and is current through 2014. Now, we are trying to file AOS with I-485 and I-130. I have several questions and would greatly appreciate somebody could give me some supportive advices:

1. My wife (non-immigrant with valid H1B Visa) has 3 children (age 11, 15 and 19) and all three are on H4 Visa. The oldest daughter (19) will start school in the US soon. Can she still be listed on the I-130 as a dependent child, or do I have to to file individually for her?

2. What is the minimum age for bio-metrics? Is the 11 years and/or 15 years old subject to bio-metrics?

3. On I-130 my (petitioner) annual income exceeds by far the poverty line. My non-immigrant wife also generates decent income through her H1B job. Am I supposed to file both incomes or shall I file only for my individual income? And if I filed also her income, would I need I864A?

4. My wife's H1B is valid for an employer in Arkansas, where she currently resides and will work till we have filed for AOS, while I moved recently to Pennsylvania due to my job. Is it recommendable to file with different residences or should we file under one residence and she moves immediately to Pennsylvania, resigning from her H1B job? She wouldn't fall under H1B Visa holder, if she resigns, correct?

Thank you so much for your kind help!

SOY&K

[ISIS AND TROY 5]

Ok I will try to help you, anyone more experienced correct me please if I am wrong...

1)No matter the ages of the children, they will need an independant I-130 for them, filed individually at the same time, so it means you have to file four I-130s (one for your wife plus 3 for each children), fees paid for each person too!

2)I think that by the age of 14 years old you are required to do biometrics already, so just the 11yo won't need that.

3)I would think that if your income is enough, then use just yours, the I-864 is a contract you sign with american government stating that the immigrants won't become a public charge, so yes your income would be the one used and most important.

4)Related to the address question, I know that the address where you all will be living should be listed in the I-130, USCIS will use it to mail the notification hardcopies and I would think that if she is under a work visa, there wouldn't be a problem to list her different address.

Anyways I hope you get answers from more experienced VJ'ers, but the #1 I am sure about! Good luck on your journey!!!

[aleful 1,905]

Hi,

As US citizen I am sponsoring my recently married spouse who has been in the US on H1B since 2008 and is current through 2014. Now, we are trying to file AOS with I-485 and I-130. I have several questions and would greatly appreciate somebody could give me some supportive advices:

1. My wife (non-immigrant with valid H1B Visa) has 3 children (age 11, 15 and 19) and all three are on H4 Visa. The oldest daughter (19) will start school in the US soon. Can she still be listed on the I-130 as a dependent child, or do I have to to file individually for her?

2. What is the minimum age for bio-metrics? Is the 11 years and/or 15 years old subject to bio-metrics?

3. On I-130 my (petitioner) annual income exceeds by far the poverty line. My non-immigrant wife also generates decent income through her H1B job. Am I supposed to file both incomes or shall I file only for my individual income? And if I filed also her income, would I need I864A?

4. My wife's H1B is valid for an employer in Arkansas, where she currently resides and will work till we have filed for AOS, while I moved recently to Pennsylvania due to my job. Is it recommendable to file with different residences or should we file under one residence and she moves immediately to Pennsylvania, resigning from her H1B job? She wouldn't fall under H1B Visa holder, if she resigns, correct?

Thank you so much for your kind help!

SOY&K

unfortunatly you cannot file for the oldest. stepparents can file for spouses' children if they are under 18 at the time of marriage. so you would file for you spouse and the 2 youngest stepchildren separatly.

Edited March 19, 2012 by aleful

[ISIS AND TROY 5]

unfortunatly you cannot file for the oldest. stepparents can file for spouses' children if they are under 18 at the time of marriage. so you would file for you spouse and the 2 youngest stepchildren separatly.

Isn't it 21?

[NigeriaorBust 4,087]

The age the marriage must occur by is less than the file by age

[Soy&K 0]

Ok I will try to help you, anyone more experienced correct me please if I am wrong...

1)No matter the ages of the children, they will need an independant I-130 for them, filed individually at the same time, so it means you have to file four I-130s (one for your wife plus 3 for each children), fees paid for each person too!

2)I think that by the age of 14 years old you are required to do biometrics already, so just the 11yo won't need that.

3)I would think that if your income is enough, then use just yours, the I-864 is a contract you sign with american government stating that the immigrants won't become a public charge, so yes your income would be the one used and most important.

4)Related to the address question, I know that the address where you all will be living should be listed in the I-130, USCIS will use it to mail the notification hardcopies and I would think that if she is under a work visa, there wouldn't be a problem to list her different address.

Anyways I hope you get answers from more experienced VJ'ers, but the #1 I am sure about! Good luck on your journey!!!

Thank you very much for your insight and feedback. I will certainly keep this in mind!

[Soy&K 0]

Isn't it 21?

That is also what we thought: 21. But the best thing is to check directly with USCIS, we will try to call and see if we can get actually a human's voice on the phone.

Thank you!

The age the marriage must occur by is less than the file by age

We don't understand quite well what you would like to say. Could you give us a little bit more details?

Thank you!

[Deputy Purple 1,294]

That is also what we thought: 21. But the best thing is to check directly with USCIS, we will try to call and see if we can get actually a human's voice on the phone.

Thank you!

We don't understand quite well what you would like to say. Could you give us a little bit more details?

Thank you!

Step-parent can only petition for a child who was under 18 when they married the child's parent.

Said child can then be petitioned for as long as it's before they are 21 and not married.

From the instructions for the I-130:

"Who May Not File Form I-130"

Item 3: "A Stepparent or Stepchild if the marriage that created the relationship took place after the child's 18th brithday"

Edited March 19, 2012 by Bob 4 Anna