Stand alone I-130 for stepchild(ren)

[Nelson Alcantara 0]

Hi I'm new here. Rather than opening a new thread I would rather post my situation here:

My Oath taking for citizenship is next week. My wife and I got married last April 2011. She's still in the Philippines along with my step daughter (13yrs old, mom has full custody through court order) and biological daughter (1yr old). I'll be filing 3 separate I-130.

Questions:

1) Am I going to get the Naturalization certificate number during Oath? Can I mail my Petition on the same day?

2) In I-130 there's a question "Are you related by adoption?" I didn't legally adopted her yet because I think you don't need to in filing for I-130 as Step daughter. Or am I wrong? Shall I check Yes or No

3) There's a blank about Alien Registration number, should I put it given that I'll surrender it on oath?

4) Since we got married last year and if I file this July and say her POE will be April (9 months). Can we request for IR-1 instead of CR-1 at POE?

5) Are they going to be processed at the same time?

6) If I relocated to LA for instance. Is updating the "Address in the US that where your relative intends to live" will delay it more?

7) For Step daughter, are there other requirements do I need to submit along with I-130

8) Do you have anymore suggestions so that I can get them here right away?

Sorry for so many question because I'm new to this.

Thanks

Edited July 6, 2012 by Nelson Alcantara

[PSDAVID 2]

I can help you with the following questions:

2)As your stepdaughter you are not related to her by adoption. so you should check no.

4) The IR-1 " Visas entitle their holder to receive Permanent Residency within the United States for a period of 10 years (may be renewed)"

and the "CR1 (CR stands for "Conditional Residency") Visas entitle their holder to receive "Conditional" Permanent Residency within the United States for a period of 2 years"

"The deciding factor on which visa an applicant is issued (IR1 versus CR1 visa) is the amount of time that they have been married at the time the visa is issued. If an applicant has been married to their US Citizen spouse for a period of two years or greater they will be issued an IR1 Visa. If they have been married less than two years they will be issued a CR1 Visa. "

7) some of the documents you would need are the copy of marriage certificate, any prior divorce of both you and your wife. your stepdaughter birth certificate, proof of your legal status(copy of your naturalization certificate.

hope it helps

[jimnlena 8]

My Kids go to life school, and we plan on similar or same for Masha. I would home school before I sent her to a public school "or day care as I call em"!!

ha.. yes..im off 20 and cedar ridge..

are u looking at cedar hill school district??

my 15 yr old goes to TAG magnet, but she started at the school my youngest daughter goes to..which is a charter school..

i worry about where i will start the boys out.. i want it to be a easy transition.. i know how cruel kids can be when ur different or talk different.. my hubby (their dad) says they will be fine.. they have to roll with the punches.. i jus want the teachers and staff to be understanding and compassionate even if the kids arent always..

[luvwtrNamy 2]

Hi All, can tHe D230 and AOS be submitted via email? We are out of the country visiting my step-daughter and thought I read somewhere that everything would now be via email with the NVC. I'm worried that I messed up. should I have had the packet ready to send via snail mail and left it with my mom to send?

[dancehallquana 5]

We also don't have much proof of evidence of a relationship between my husband and his kids. He came to America when they were 5 and 8. They also didn't take many pictures. They have ONE family picture, and that includes the mom, but it will have to do as its the only picture we have!!!

Sooooo, we've had to come up with creative ways to prove a relationship if we are going to avoid the DNA test, the extra 3 months estimated time it takes and the extra $1600 for those tests!!!!

Here is what we have come up with:

A notarized letter from the boys' mom and one from each of the boys. Mom's letter will state that she had a relationship with my husband from X to X and although they were never married, 2 children X and X were a result of the relationship. She will go on to say that who.e he was in Nigeria, they lived together from when to when and where. That since he's been in America, he and the boys still maintain a father/child relationship. That we send them money for schooling, presents on birthdays and Christmas. Constant contact through phone calls. Also state that the boys see my husband's side of the family on a regular basis. She will provide us with 2 copies of this letter as we have 2 kids and they will each need their own copy in their own packet. And she can keep a copy for when she goes with the kids to the interview.

The boys letter will be from them and will just state how their relationship was with their dad before he moved to America and after.

Until be very recently, my husband never kept his western union receipts so we have to ask the boys mom or our nephew (we send to both depending on who was able to pick up the money in a timely manner) to send us any and all receipts they may have kept.

We are asking for ANY picture. Even if my husband isn't in it. We will have them write the date and maybe a note to their dad on some of them.

We are looking for any medical records or emergency contact that my husband was made either before or after he moved to America.

We will send copies of the kids report cards to try to prove relationship and and that we cared how they were doing in school.

I don't know...all of this is such a stretch but we are desperate to make this all happen by the end of the year! Thank god for CSC at least being on our side this time around!

awesome plan kazulie!!! yall will get thru no problem im sure, youve covered all the bases!

[dancehallquana 5]

YOU ARE AMAZING!!!!

I had never even thought Western Union could do this, especially since my husband isn't a member and doesn't have their card!!! I just got off the phone with them and all records for the past 5 years will be in our mailbox in 13-20 days!!!

What a relief!!! Thanks soooo much for the advice!

HEYYY!! i was jus telling my husband to call them last night.. im gonna call him right now and let him know it WILL work!! HAHAH..yayy western union..

still waiting hopefull soon i miss my family very much

aww.. i know this is hard.. stay encouraged. how long have you been waiting..sorry if i missed ur post

My Kids go to life school, and we plan on similar or same for Masha. I would home school before I sent her to a public school "or day care as I call em"!!

oh okay!! excellent

[dancehallquana 5]

That sounds similar to my situation, but since the I130 is already approved, I dont think you should have a problem. Just in case though, I would probably try to get a signed letter, or at least have all your financial proof in order. Who is taking her for her interview?

i agree 100% lucy, seems to be only an issue for the I130 to show strong relationship and financial ties to the children.. at the embassy they will jus do dna if needed..

[beejay 123]

ooh, I have another issue Im a little curious about. Just wondering about the interview stage. The DS-230 and 864 etc, those forms are completed and mailed back prior to having the interview, correct? Is the beneficiary supposed to have a copy with them at the interview?

Heres my thing, there is no embassy on the island, and they have to travel to another country for immigration issues. I was hoping that her mother could take her for the interview and medical in Barbados. Does this mean I would have to provide them with copies of all my financials etc? Will I have to be present for the interview being that I am the petitioner?

I don't believe the petitioner needs to be at the interview. You daughter should have no problem from the embassy perspective going with her mother. I know you will be submitting the I-864 to NVC but I think it depends on the consulate whether the DS-230 gets sent to NVC or the embassy. Normally I would say send a copy of the I-864 to the interview but if you are uncomfortable about sending it you could just hope they won't ask about it, which isn't completely unrealistic or you could send your daughter to the interview with someone you trust sending your financial information to. I think she would just need a letter from her parent/guardian saying she has permission to be at the interview with that person.

[beejay 123]

Hi I'm new here. Rather than opening a new thread I would rather post my situation here:

My Oath taking for citizenship is next week. My wife and I got married last April 2011. She's still in the Philippines along with my step daughter (13yrs old, mom has full custody through court order) and biological daughter (1yr old). I'll be filing 3 separate I-130.

Questions:

1) Am I going to get the Naturalization certificate number during Oath? Can I mail my Petition on the same day?

2) In I-130 there's a question "Are you related by adoption?" I didn't legally adopted her yet because I think you don't need to in filing for I-130 as Step daughter. Or am I wrong? Shall I check Yes or No

3) There's a blank about Alien Registration number, should I put it given that I'll surrender it on oath?

4) Since we got married last year and if I file this July and say her POE will be April (9 months). Can we request for IR-1 instead of CR-1 at POE?

5) Are they going to be processed at the same time?

6) If I relocated to LA for instance. Is updating the "Address in the US that where your relative intends to live" will delay it more?

7) For Step daughter, are there other requirements do I need to submit along with I-130

8) Do you have anymore suggestions so that I can get them here right away?

Sorry for so many question because I'm new to this.

Thanks

I can answer some of your other questions:

1. Yes and Yes. As soon as you complete your oath you are considered a citizen and you will get your naturalization cert that day. If you decide to apply for a passport you will have to send the cert in with the application so make sure you make a copy of it.

3. You will surrender your greencard, your Naturalization cert will contain both a Naturalization number and your A#. I have seen different advice on this over the years and it doesn't seem like it will hurt you one way or the other but if you want to be on the safe side I would include your A#.

5.I would prepare the 3 separate petitions but reference each one in your cover letter and mail them together in the same packet and they should be processed at the same time.

6. I think she can update her future address at the interview. If you move I think you might want to update your address with USCIS so that they are sending your copies of the notifications to the right address. There is some risk involved, however small, when you move in the middle of a process but if you have to do it, you have to do it.

Good luck and congrats on your upcoming oath ceremony!

[beejay 123]

Just got the letter saying we have been approved at CSC and are moving on to NVC!! I was pretty much expecting to receive an RFE so this is very happy news. We filed the first week of March for anybody trying to figure out processing times.

[Kazulie 132]

CONGRATS BEEJAY!!!! No RFE for you, Silly! Even USCIS knows you're too awesome for an RFE!!! Now flyyyy through NVC! Show us how it's done!!!

[jimnlena 8]

NOA2 Approved!!! Now on to fun at NVC!

[lucy4 11]

Congrats to beejay and jimnlena!!!

[jimnlena 8]

Just got the letter saying we have been approved at CSC and are moving on to NVC!! I was pretty much expecting to receive an RFE so this is very happy news. We filed the first week of March for anybody trying to figure out processing times.

Congrats!! We just got quick approval also after RFE!

[beejay 123]

Congrats!! We just got quick approval also after RFE!

Nice!! Does your letter say it will take 30 days for a case number? I've been reading that NVC has been averaging 3-4 weeks to assign case numbers lately and that it's not even worth it to call until 2 weeks after the receipt notice. There's a spreadsheet somewhere around here with NVC processing times. I'll have to find it and post the link.

PSDAVID - How long did it take for your to get a case number from NVC after getting approved at your service center?

Thanks Lucy4!

Kazulie - I will try but NVC is starting to seem like the bottleneck that's going to slow everyone down and put an end to this 'flying'.