Staring the I-130 for my foreign wife and stepson

[Oaqui3 0]

Hello

I got married to a Filipina last year in the Philippines. I am a US born citizen. She has a 5 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 i-130 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 i - 129F

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

ALSO, It 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?

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

and also What is the DS-230 part 1/2 application... and how does this apply to me?

[Leatherneck 693]

Yes you need to file a separate I-130 and fees for your fiancee's child. That I-129F you plan to file will be closed administratively -- the K-3 is an obsolete visa option. After your I-129F is closed, the I-130 will continue to be processed so your fiancee can apply for the IR1/CR1 visa.

Edited March 20, 2012 by Leatherneck

[Darnell 8,478]

you will need seperate i-130 for your wife and your wife's child.

two humans? two I-130s.

Forget the K-3/K-4 - see my response to you in another thread.

[Leatherneck 693]

Edit: Yes you need to file a separate I-130 and fees for your fiancee's wife's child.

[Oaqui3 0]

what evidence of relationship do i need to petition my stepson? I have my wife and I marriage certificate? Is that all I need?

I am sending my stepson's i-130 along with his mother, my wife's petition.

[pushbrk 12,883]

what evidence of relationship do i need to petition my stepson? I have my wife and I marriage certificate? Is that all I need?

I am sending my stepson's i-130 along with his mother, my wife's petition.

Follow the I-130 instructions for documents for the stepson. Note that for stepchildren, a birth certificate is needed at the petition stage. That's what establishes the relationship between the child and your spouse.