I guess I dont have all the answers

[memlaura 60]

So since I have started this process anytime I meet someone in the process they ask me questions on how to do things. As much as I would like to think I know everything I dont. I was asked the other day how or what is needed to file to bring step children over. A lady I met is married to a Nigerian man and he has a child but he and the childs mother are not married I am not sure if they are divorced or were never married and I am not sure if that makes any difference. Anyway he has the child most of the time and since he is coming to the states he wants to bring his child with him. What documents would they need from the child's mother to allow them to bring the child to the states? Providing she is okay with that happening... I dont know where she is in the process I thought that they should have filed for the child at the same time she filed for her husband but she didnt so I guess she wants to amend the I130 to add the child? I am way over my head on giving advice on this I did tell her to register for this site but as of yet she hasnt so I was curious how or if she can accomplish this task... I am now humbled at my lack of knowledg So I turn to the experts here...

[NigeriaorBust 4,087]

First the child should have been listed in the bio data on the husbands petition , if not you are looking at issues. They will need the birth certificate to prove he is the father. Is the child under 18 ( more important was the child under 18 when they married ) Permission is needed from the bio mom for the child to immigrate. If the birth certificate indicates they were married hopefully they provided proof of the divorce in his petition. The child needs it's own I130 with it's own fees. They may require DNA to prove the child is his ( Nigeria is known for fake children )

[Darnell 8,478]

http://www.visajourney.com/forums/topic/363683-stand-alone-i-130-for-stepchildren/

[memlaura 60]

First the child should have been listed in the bio data on the husbands petition , if not you are looking at issues. They will need the birth certificate to prove he is the father. Is the child under 18 ( more important was the child under 18 when they married ) Permission is needed from the bio mom for the child to immigrate. If the birth certificate indicates they were married hopefully they provided proof of the divorce in his petition. The child needs it's own I130 with it's own fees. They may require DNA to prove the child is his ( Nigeria is known for fake children )

Fake children? Really? What would the benefit be to have fake children? OMG I am dumber than I thought.. I guess they would have had to supply divorce since they are married... I will try to get her to register here it will be so much easier since I dont have the all the information.. I do know the child is small like 6 or 7 I think... What type of permission will they need is it a form the bio mother will need to complete or just a certified letter? I am always amazed at the wealth of information you are... Thanks...

[memlaura 60]

First the child should have been listed in the bio data on the husbands petition , if not you are looking at issues. They will need the birth certificate to prove he is the father. Is the child under 18 ( more important was the child under 18 when they married ) Permission is needed from the bio mom for the child to immigrate. If the birth certificate indicates they were married hopefully they provided proof of the divorce in his petition. The child needs it's own I130 with it's own fees. They may require DNA to prove the child is his ( Nigeria is known for fake children )

I missed one question can she start filing the other I130 for the kid now or does she need to wait for her husband to be approved and over here first? I guess he doesnt want the child away from him that long... I can understand that I would hate to be that far away from my little one...

[NigeriaorBust 4,087]

She can file for the child now. She should also mention the husbands case and request that they be processed together so they can immigrate together. The husband could wait up to 6 months after approval to travel but who wants to wait that long. ( or he could do a turn around to activate the green card and go back to wait for the child ) Fake children are when Nigerians decide that they could give a near relative a better life and suddenly add a child late in the process. That is why it is important to list all bio children when the parent applies so it doesn't raise eyebrows if later they want to come. The mothers permission needs to be verified , gosh what is Nigerian notorization called?

[memlaura 60]

I think it is an affidavit? I know that is what my husband needed was an affidavit to get his birth certificate. I dont know but thanks for all your help. I never heard of fake kids but I guess that makes sense it is not easy to raise kids there for sure.. Thanks for your help and I hope she takes my advise and joins this site there are so many people with so much knowledge it is such a great resource.

[Darnell 8,478]

it's great to know where they are in the process, really..

for example, if the I-130 on the husband is still at USCIS,

then you send off the I-130 on the child TO THE ADDRESS listed in the NOA-1 on the husband, asking that the casefile be added to the husband's casefile.

If the casefile is already at NVC, send it off to the lockbox address, requesting an expedite, showing a copy of the husband's NOA-2 document, writing 'expedite I-130 for CR-2, I-130 on husband already approved' on the OUTSIDE OF THE ENVELOPE.

Then hold off further processing of the husband's stuff at NVC till the child's casefile catches up to the husband's.

Good Luck !

[memlaura 60]

it's great to know where they are in the process, really..

for example, if the I-130 on the husband is still at USCIS,

then you send off the I-130 on the child TO THE ADDRESS listed in the NOA-1 on the husband, asking that the casefile be added to the husband's casefile.

If the casefile is already at NVC, send it off to the lockbox address, requesting an expedite, showing a copy of the husband's NOA-2 document, writing 'expedite I-130 for CR-2, I-130 on husband already approved' on the OUTSIDE OF THE ENVELOPE.

Then hold off further processing of the husband's stuff at NVC till the child's casefile catches up to the husband's.

Good Luck !

Thanks Darnell, I think she said that they were waiting for an interview date I am really going to talk to her an tell her to register her I told her before but I will share the info that I have recieved here and I think that will get her to register.

[Darnell 8,478]

waiting for interview date = case complete at NVC.

Usually.

With that in mind, I suggest filing with I-130 with an expedite request.