I-130 process for stepchildren

[jwright83me 0]

My wife came to US on I-129f visa, she has AOS for 1 year now. (2 year conditional resident) around September of last year we filed I-130 for two of her kids. (i petitioned them as US stepfather) it was approved in January and sent to NVC. im familiar with the fiance a visa process but not the I-130. we haven't heard anything from NVC.

is the process for I-130 at NVC the same as I-129f?

what category will the visa be for stepchildren?

who picks the interview date? I know with the I-129f we were given a calender online and asked to pick from a list of available dates.

Do we wait till the kids get to US for AOS or can it be done before they come?

How long is the visa good for?

[SerenityNOW 11]

My wife came to US on I-129f visa, she has AOS for 1 year now. (2 year conditional resident) around September of last year we filed I-130 for two of her kids. (i petitioned them as US stepfather) it was approved in January and sent to NVC. im familiar with the fiance a visa process but not the I-130. we haven't heard anything from NVC.

is the process for I-130 at NVC the same as I-129f?

what category will the visa be for stepchildren?

who picks the interview date? I know with the I-129f we were given a calender online and asked to pick from a list of available dates.

Do we wait till the kids get to US for AOS or can it be done before they come?

How long is the visa good for?

Hi - I don't know too much about the fiance visa process... but the process for your stepkids will be different. The NVC stage is more extensive - you have to file an I-864 to show financial ability to support them. RE: interview dates, that is probably embassy-specific. I didn't get to pick our CR-1 interview date. It might be able to be changed once it is assigned by the NVC.

They will enter the US with IR-2 or CR-2 visas, depending on when you got married. If they come after you have been married for two years, they will have IR-2 visas and won't need to remove conditions. Either way, they will not have to adjust status as your wife did, they will enter as permanent residents. All the processing is done abroad. There is a new fee that must be paid to receive a green card - $165. The green card will arrive some weeks after they enter the US (assuming that fee was already paid).

Be warned that a DNA test may be required - that would add expense and time to the process. You won't find out if this is required or not until the interview.

You will also need to have a notarized letter from the birth father granting permission to immigrate if your wife doesn't have sole custody. This is country-specific.

Join the February NVC filers group if you have NVC questions... LOTS of trick there for speeding up the process.

The visa is typically (I don't know if this ever varies or not) valid for 6 months after the visa is granted, so the kids just have to enter the US within that time.

Good luck! We are at almost the same stage with my stepson's application (but my husband is the petitioner as he is a USC now).

Edited February 12, 2013 by SerenityNOW

[jwright83me 0]

Hi - I don't know too much about the fiance visa process... but the process for your stepkids will be different. The NVC stage is more extensive - you have to file an I-864 to show financial ability to support them. RE: interview dates, that is probably embassy-specific. I didn't get to pick our CR-1 interview date. It might be able to be changed once it is assigned by the NVC.

They will enter the US with IR-2 or CR-2 visas, depending on when you got married. If they come after you have been married for two years, they will have IR-2 visas and won't need to remove conditions. Either way, they will not have to adjust status as your wife did, they will enter as permanent residents. All the processing is done abroad. There is a new fee that must be paid to receive a green card - $165. The green card will arrive some weeks after they enter the US (assuming that fee was already paid).

Be warned that a DNA test may be required - that would add expense and time to the process. You won't find out if this is required or not until the interview.

You will also need to have a notarized letter from the birth father granting permission to immigrate if your wife doesn't have sole custody. This is country-specific.

Join the February NVC filers group if you have NVC questions... LOTS of trick there for speeding up the process.

The visa is typically (I don't know if this ever varies or not) valid for 6 months after the visa is granted, so the kids just have to enter the US within that time.

Good luck! We are at almost the same stage with my stepson's application (but my husband is the petitioner as he is a USC now).

I read somewhere that it would be k3/k4 visa. and it could be done as immigrant visa which it says is good for 2 years and the nonimmagrat is the one only good for 6 months. we plan on getting the letter from the birth father to be on the safe side but she was never married and according to philippines law that gives her automatic sole custody.

[SerenityNOW 11]

I read somewhere that it would be k3/k4 visa. and it could be done as immigrant visa which it says is good for 2 years and the nonimmagrat is the one only good for 6 months. we plan on getting the letter from the birth father to be on the safe side but she was never married and according to philippines law that gives her automatic sole custody.

Ah, you are talking about "following-to-join" benefits. I looked into it for my stepson, and I ended up e-mailing the NVC about it because I couldn't find information about our situation. They told me it didn't apply to us but I don't remember the exact reason they gave, maybe because my husband came in on a CR-1. If your stepkids qualify, you (or your wife?) would file form I-824. Hopefully someone who actually knows about this process will chime in.

I'm not sure about the different options for a K4 ... I read over this information about K3/K4 and it made my head hurt ... but it might make more sense for you to petition for them as the stepfather so that they will enter the US as immigrants on CR-2 or IR-2 visas. Probably you will get better info about K4 visas if you post in the fiance visa section.

Having sole custody will definitely simplify things. Good luck to you!