Stand alone I-130 for stepchild(ren)

[evoria 19]

Hmmm... I didn't really have any plans on paying that.

My husband said the first word out of the CO's mouth was that we had to pay that fee. Not sure why, maybe because my husband has not Adjusted Status yet.

[Worriedmominoc 0]

I can't believe how much our cases resemble each other! I just signed in to the paying portal, and was able to pay the AOS bill. It says it will probably take 2-3 business days for it to show the "PAID" message. I'm going to check again tonight and tomorrow morning. Then I'll over-night the AOS package that I have sitting on my desk all ready . I'll keep you posted

Yeah, i was thinking the same thing, . AOS shown as being paid, already mailed the aos package,..now hopefully they will accept the emailed ds3032!..or if its rejected , nvc will tell us right away so we can resend it,(:

How yours doing?

[katraska78 6]

Yeah, i was thinking the same thing, . AOS shown as being paid, already mailed the aos package,..now hopefully they will accept the emailed ds3032!..or if its rejected , nvc will tell us right away so we can resend it,(:

How yours doing?

The portal shows as payment "IN PROCESS" meanwhile, my bank account shows it as cashed yesterday. So I just mailed the AOS package today around 4:30. It will reach the NVC Tuesday @ noon, it will show "paid" by then. Hopefully we can then re-send our DS3032, and pay for the IV package. I wonder if we can pay the Immigration Fee right away or if that fee has to be payed before the interview @ the Consulate???

My N-400 is in progress. I had my Biometrics taken 3 weeks ago and now I'm studying for the civics test and waiting for the interview.

I have also wondered if you get the status of Citizen, will your son get the same status when he steps on American Soil if you had your oath ceremony by then?

[Worriedmominoc 0]

The portal shows as payment "IN PROCESS" meanwhile, my bank account shows it as cashed yesterday. So I just mailed the AOS package today around 4:30. It will reach the NVC Tuesday @ noon, it will show "paid" by then. Hopefully we can then re-send our DS3032, and pay for the IV package. I wonder if we can pay the Immigration Fee right away or if that fee has to be payed before the interview @ the Consulate???

My N-400 is in progress. I had my Biometrics taken 3 weeks ago and now I'm studying for the civics test and waiting for the interview.

I have also wondered if you get the status of Citizen, will your son get the same status when he steps on American Soil if you had your oath ceremony by then?

I think you will pay after the interview or before you leave the country,? Not really sure, how that immigration fee/green card fee works,? Some of the members here, said they pay before they leave the country, and there are some that didnt pay at all, since the child will be automatic us citizen when they entered the united states,, and yes your son will be automatic us citizen when you become a us citizen, and i think the child needs to be below 18,..

Good luck to your interview,.i had mine last june 24, and going to have my oath on the 26 of july,.

Keep me posted!.. I'm really anxious to know if NVC will accept the i864w,.?coz i was actually reading this way back, and there are some parents that submit i864w and nvc didnt accept it coz it only applies if the biological parent is the petetioner,..oh well, we did try anyway, since our income this year didnt make the poverty line,.and i864w didnt then we need to get a co sponsor which is not a problem, but it will be easy if the i864w will work..i just keep praying for now.(:

[katraska78 6]

I think you will pay after the interview or before you leave the country,? Not really sure, how that immigration fee/green card fee works,? Some of the members here, said they pay before they leave the country, and there are some that didnt pay at all, since the child will be automatic us citizen when they entered the united states,, and yes your son will be automatic us citizen when you become a us citizen, and i think the child needs to be below 18,..

Good luck to your interview,.i had mine last june 24, and going to have my oath on the 26 of july,.

Keep me posted!.. I'm really anxious to know if NVC will accept the i864w,.?coz i was actually reading this way back, and there are some parents that submit i864w and nvc didnt accept it coz it only applies if the biological parent is the petetioner,..oh well, we did try anyway, since our income this year didnt make the poverty line,.and i864w didnt then we need to get a co sponsor which is not a problem, but it will be easy if the i864w will work..i just keep praying for now.(:

I wish I could answer your question. I was told, as my husband is the US Citizen and we file taxes jointly, I should fill the I-864. I really hope your I864W is accepted by the NVC. My son is 20 years old, so I don't know if this will apply for him (automatically becoming a US citizen, if I get my citizenship before he steps on American soil), I wish I'd knew

My prayers are with you guys!!! Any news? Did the NVC accepted your Choice of Agent? Have you been able to pay for the IV Package? I received an Invoice today in my mailbox. I am confused as to send the Choice of Agent again? this time through the regular mail?

Anyways, thats all I have today. I hope your process keeps going forward.

Kata

[dm559 34]

I went through this. Not the removal but stepsons i130 before spouse and siblings. What a lot of people dont realize is if you file a separate i130 their petition is independent from everyone elses. So even if your husbands is denied not hecause of marriage fraud then there's no reason your stepson wont be approved. Even in cases of marriage fraud judges ruled that stepchildren still qualified. But if your husband has to return to his country and the stepchildren are in the US and do adjust, have him sign guardianship papers so you can enroll them in school and make medical decisions.

Hello BeeJay and All!

I am a late April I-130 filer for my stepsons. I would love to join your group so I can have people who relate. I want to share a quick background with you as I am sure our case is a bit different than most people's.

I filed for my husband in September. He is in removal proceedings, so although he has been in the states for 6 years we could not process his AOS concurrently. We first have to have an I-130 interview. If we get approved then we go to immigration court to ask the judge to drop the removal proceedings. If he drops it then we beg him to approve our AOS on the spot. If he does, then my husband will receive his visa almost immediately. At this point it has been over 7 months since we applied. At 6 months our petition got sent from California to our local USCIS office (Chicago) (this is the point where most people get their I-130's approved). I hadn't heard anything for a month, so I called and asked for a service request. I recieved a letter in the mail stating that we were still in review and if we haven't heard anything in SIX MONTHS (yes - I said MONTHS!!!) that we can call them. (o...m...g...). So unfortunately, my husband's case is at a stand still for now. Fortunately, I get to see, touch, enjoy my husband everyday, do while the wait will be FOREVER, at least we will wait together!

Ok, now the kids. Because my husband was in removal proceedings, my lawyer (he's an #### by the way) didn't really want to deal with the kids right now and would only focus on my husband. Many people on this website also told me that we had to wait until my husband got approved before they would approve the kids. I finally called USCIS (twice, just to make sure I would get the same answer) and they said that it is absolutely possible that the kids can get approved before my husband does. That we did not need to wait for him to be approved. So although I lost 2 months I quickly sent out the boys' applications the day I made that second call to USCIS.

So that is where we stand...husband is going to take forever, and I'm waiting with a hope and a prayer that everything goes smoothly with the boys petition. Not sure when my husbands case will be finalized, but I'm hoping to get the boys' I-130s approved by October and to have them here early next year. (I would be shooting for December of this year, but of course NOTHING can be easy in our case and I'm sure they will make us do DNA tests which will and a few months)

Good luck to everyone and I pray we all have easy journeys and get our babies here quickly and safely!

[aaron2020 11,651]

I went through this. Not the removal but stepsons i130 before spouse and siblings. What a lot of people dont realize is if you file a separate i130 their petition is independent from everyone elses. So even if your husbands is denied not hecause of marriage fraud then there's no reason your stepson wont be approved. Even in cases of marriage fraud judges ruled that stepchildren still qualified. But if your husband has to return to his country and the stepchildren are in the US and do adjust, have him sign guardianship papers so you can enroll them in school and make medical decisions.

Can you provide links to where there's marriage fraud and its okay for the "stepchildren" to benefit from the fraud?

It seems to contradict common sense that the fake "stepchildren" would get any immigration benefit when the marriage creating the stepparent/stepchild relationship is based on fraud.

[dm559 34]

If you're interested there's a couple cases that you can read through a google search. I dont advocate that at all. The point being that each i130 is a stand alone petition and even if a parent doesnt immigrate to the US, stepchildren can through their own approved petition.

Can you provide links to where there's marriage fraud and its okay for the "stepchildren" to benefit from the fraud?

It seems to contradict common sense that the fake "stepchildren" would get any immigration benefit when the marriage creating the stepparent/stepchild relationship is based on fraud.

[aaron2020 11,651]

If you're interested there's a couple cases that you can read through a google search. I dont advocate that at all. The point being that each i130 is a stand alone petition and even if a parent doesnt immigrate to the US, stepchildren can through their own approved petition.

I googled "marriage fraud stepchildren" and got nothing. What would you suggest I search?

Of course each case is a stand alone. However a parent in a real marriage not immigrating is completely different from marriage fraud. When the marriage fraud created the fake stepparent/stepchild relation, there is no way in hell that the US would grant any benefits based on the fraud.

You are saying that stepchildren of marriage fraud have benefitted. I call BS. Show just a single case of marriage fraud that resulted in the stepchildren getting a benefit from a fraudulent marriage and the fraudulent creation of the stepparent/stepchild relationship.

Edited July 5, 2013 by aaron2020

[lucy4 11]

Just an update, she's here! My stepdaughter arrived on Friday and no I didn't pay the visa fee first. She did give me a letter they gave her saying it has to be paid tho.

[evoria 19]

Just an update, she's here! My stepdaughter arrived on Friday and no I didn't pay the visa fee first. She did give me a letter they gave her saying it has to be paid tho.

Congratulations on her arrival. I have 18 more days until they arrive. I paid the fee I will update on how long it takes to get the green card after they arrive. We are planning to register for school on the first of August. Our public school system requires similar paperwork as for the visa.

[keljopy 1]

So, after mom changing her mind and then changing back to letting kids move here, then waiting 6 weeks for birth certificates to arrive we are FINALLY ready to send our petitions in (so glad we decided to start early). Anyway, I have a question about the i-130 part D. For place and date of filing for my husband, would that be the Dallas Lockbox where I originally sent it or Guayaquil consulate where the visa was issued or elsewhere? (also, did anyone else have a problem typing in that box not allowing spaces? I guess I will just leave that blank and fill in by hand, but that's really weird)

[MOMOE 1]

congrats to everybody who has their loved ones with them and reached the end of this gruesome process .I hope to say the same soon. I have sent the IV packet off on July 1st and hoping to hear something from them in the next week or so. Fingers crossed. If we can get an interview date soon or before july 23 , I could actualy go to South Africa and go with my daughter but after that ,I wont be able to since its teacher woks days and start of school.

Time is so valuable when you don't have it.

waiting to exhale...

[sancruz 26]

Just an update, she's here! My stepdaughter arrived on Friday and no I didn't pay the visa fee first. She did give me a letter they gave her saying it has to be paid tho.

yay! so happy she is here and you finally have your family together. Its such a relief to be through the process!

[lucy4 11]

yay! so happy she is here and you finally have your family together. Its such a relief to be through the process!

It is! Thanks so much, but now Im having problems with the next process.

For those of you who applied for passports right away, aren't both parents supposed to be present? How did you get past this hurdle? And I do need to wait for the social before I can apply for passport, correct?