Child of my spouse

[piker76 0]

Im sending in my I-130 and my spouse has a child.Do I need to do a separate I-130 for him?If not,do I need to send his birth certificate at this time or simply include his name on the I-130?Thanks for any help.

[Mike and Adriana 0]

I'm in the same situation. So I'll pass along the advice I was given. Sooner or later, the child will need an I-130 for AOS. So, might as well do it now. That's what I did. Just to be clear - you do NOT need a separate I-129F for the child.

[aussiewench 9]

piker

Just to give the full picture. If your spouse will be applying for a K-3 visa you do not need an I-130 for the child, nor do you need an I-129F, as the K-4 for the child is a derivative of the K-3, with the childs name included on the I-129F petition for your spouse. The child however, as Mike and Adriana stated, will need their own I-130 to adjust status once in the US on a K-4. Also if your spouse applies and interviews for the CR-1 visa instead, there is no derviative visa for the child. The child needs an I-130 petition filed and approved just as your spouse does.

To file an I-130 petition for the child see the following.

From USCIS, only unfortunately the link is broken and I don't have the time right now to search for the link again on their new site....

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

* Form I-130, Petition for Alien Relative

* A copy of your birth certificate or U.S. passport

* If you were not born in the U.S., a copy of either:

o your Certificate of Naturalization or Citizenship or

o your U.S. passport

* A copy of the child’s birth certificate showing the child’s name and the names of both parents

* A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)

* A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse

* Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.

* If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

Source

Edited to upgrade link

Edited November 19, 2006 by aussiewench

[piker76 0]

I'm in the same situation. So I'll pass along the advice I was given. Sooner or later, the child will need an I-130 for AOS. So, might as well do it now. That's what I did. Just to be clear - you do NOT need a separate I-129F for the child.

Thanks for the help!!!..that clears it up nicely...Might as well do it now.

piker

Just to give the full picture. If your spouse will be applying for a K-3 visa you do not need an I-130 for the child, nor do you need an I-129F, as the K-4 for the child is a derivative of the K-3, with the childs name included on the I-129F petition for your spouse. The child however, as Mike and Adriana stated, will need their own I-130 to adjust status once in the US on a K-4. Also if your spouse applies and interviews for the CR-1 visa instead, there is no derviative visa for the child. The child needs an I-130 petition filed and approved just as your spouse does.

To file an I-130 petition for the child see the following.

From USCIS, only unfortunately the link is broken and I don't have the time right now to search for the link again on their new site....

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

* Form I-130, Petition for Alien Relative

* A copy of your birth certificate or U.S. passport

* If you were not born in the U.S., a copy of either:

o your Certificate of Naturalization or Citizenship or

o your U.S. passport

* A copy of the child’s birth certificate showing the child’s name and the names of both parents

* A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)

* A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse

* Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.

* If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

http://www.uscis.gov/graphics/howdoi/childproc.htm#usstepparent

Thank you soooo much....The new sight sucks right now for the USCIS,I cant find anything like before.

I'm in the same situation. So I'll pass along the advice I was given. Sooner or later, the child will need an I-130 for AOS. So, might as well do it now. That's what I did. Just to be clear - you do NOT need a separate I-129F for the child.

Thanks for the help!!!..that clears it up nicely...Might as well do it now.

piker

Just to give the full picture. If your spouse will be applying for a K-3 visa you do not need an I-130 for the child, nor do you need an I-129F, as the K-4 for the child is a derivative of the K-3, with the childs name included on the I-129F petition for your spouse. The child however, as Mike and Adriana stated, will need their own I-130 to adjust status once in the US on a K-4. Also if your spouse applies and interviews for the CR-1 visa instead, there is no derviative visa for the child. The child needs an I-130 petition filed and approved just as your spouse does.

To file an I-130 petition for the child see the following.

From USCIS, only unfortunately the link is broken and I don't have the time right now to search for the link again on their new site....

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

* Form I-130, Petition for Alien Relative

* A copy of your birth certificate or U.S. passport

* If you were not born in the U.S., a copy of either:

o your Certificate of Naturalization or Citizenship or

o your U.S. passport

* A copy of the child’s birth certificate showing the child’s name and the names of both parents

* A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)

* A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse

* Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.

* If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

http://www.uscis.gov/graphics/howdoi/childproc.htm#usstepparent

Thank you soooo much....The new sight sucks right now for the USCIS,I cant find anything like before.

Oh,one more thing,in your opinion,which is better or faster for her to get here,the K3 or the CR1.Oooops,2 more things..does the child need his own g325a with a photo?Thanks..

[aussiewench 9]

Oh,one more thing,in your opinion,which is better or faster for her to get here,the K3 or the CR1.Oooops,2 more things..does the child need his own g325a with a photo?Thanks..

That depends. Sometimes the CR-1 can be faster than the K-3. It also depends on what you want. The CR-1 grants your spouse and the child permanent residency with the green card on entry. No adjustment of status and nothing to do until 90 days before the two year anniversary of having entered the US. The adjustment of status process can be a royal pain in the butt especially if the Office you have to file with is one that is taking 2-3 years. Its all up to you. You can follow both paths to see which path is looking better for you. You will however have to make sure you indicate on part 2 of Q22 of the I-130's for both your spouse and the child, that they will be applying for a visa at the consulate abroad. If you don't USCIS will hold the I-130's until the adjusment of status in the US from the K visas or until you file I-824 (Application for Action on an Approved Application or Petition, at an extra cost of $200) whereby they will forward the petitions to NVC in order for you to proceed with the CR-1 path.

If you note on the instructions for the I-130 and in the list I posted above, there is no G-325A for the child. You only need to submit what is in the list above.

[piker76 0]

Oh,one more thing,in your opinion,which is better or faster for her to get here,the K3 or the CR1.Oooops,2 more things..does the child need his own g325a with a photo?Thanks..

That depends. Sometimes the CR-1 can be faster than the K-3. It also depends on what you want. The CR-1 grants your spouse and the child permanent residency with the green card on entry. No adjustment of status and nothing to do until 90 days before the two year anniversary of having entered the US. The adjustment of status process can be a royal pain in the butt especially if the Office you have to file with is one that is taking 2-3 years. Its all up to you. You can follow both paths to see which path is looking better for you. You will however have to make sure you indicate on part 2 of Q22 of the I-130's for both your spouse and the child, that they will be applying for a visa at the consulate abroad. If you don't USCIS will hold the I-130's until the adjusment of status in the US from the K visas or until you file I-824 (Application for Action on an Approved Application or Petition, at an extra cost of $200) whereby they will forward the petitions to NVC in order for you to proceed with the CR-1 path.

If you note on the instructions for the I-130 and in the list I posted above, there is no G-325A for the child. You only need to submit what is in the list above.

Thanks for the info.You're a big help.I try to research this myself but never seem to end up in the right place for a correct explaination.Sooo if Im not too much of a bother can you tell me how to pursue both the K-3 and the CR-1 at the same time?The CR-1 seems like a better option the green card for them on entry.Its time for bed here in Colorado so thanks in advance if you can help me more.And thanks again for all your help so far.

[aussiewench 9]

Thanks for the info.You're a big help.I try to research this myself but never seem to end up in the right place for a correct explaination.Sooo if Im not too much of a bother can you tell me how to pursue both the K-3 and the CR-1 at the same time?The CR-1 seems like a better option the green card for them on entry.Its time for bed here in Colorado so thanks in advance if you can help me more.And thanks again for all your help so far.

You are welcome.

Flowchart for the K-3 HERE You will note at the top it first requires the I-130 to be filed and the NOA1 to be received in order to file.

Guide for the K-3 HERE which includes assembly instructions for the I-130.

Flowchart for the NVC once your I-130 is approved HERE

For the CR-1 see NVC Timesavers and James Shortcuts

That should get you started. Any questions, just ask.

Lorelle

[piker76 0]

Oh,one more thing,in your opinion,which is better or faster for her to get here,the K3 or the CR1.Oooops,2 more things..does the child need his own g325a with a photo?Thanks..

That depends. Sometimes the CR-1 can be faster than the K-3. It also depends on what you want. The CR-1 grants your spouse and the child permanent residency with the green card on entry. No adjustment of status and nothing to do until 90 days before the two year anniversary of having entered the US. The adjustment of status process can be a royal pain in the butt especially if the Office you have to file with is one that is taking 2-3 years. Its all up to you. You can follow both paths to see which path is looking better for you. You will however have to make sure you indicate on part 2 of Q22 of the I-130's for both your spouse and the child, that they will be applying for a visa at the consulate abroad. If you don't USCIS will hold the I-130's until the adjusment of status in the US from the K visas or until you file I-824 (Application for Action on an Approved Application or Petition, at an extra cost of $200) whereby they will forward the petitions to NVC in order for you to proceed with the CR-1 path.

If you note on the instructions for the I-130 and in the list I posted above, there is no G-325A for the child. You only need to submit what is in the list above.

Thanks for the info.You're a big help.I try to research this myself but never seem to end up in the right place for a correct explaination.Sooo if Im not too much of a bother can you tell me how to pursue both the K-3 and the CR-1 at the same time?The CR-1 seems like a better option the green card for them on entry.Its time for bed here in Colorado so thanks in advance if you can help me more.And thanks again for all your help so far.

Hi Lorelle,Just wanted to let you know that I received my NOA on the I130 today,so I guess I just fill out the I129f another g325 for her and I,a check for $170 and a couple of other things,and send it all in to

Chicago.Then wait for the NOA for the 129.Your help has been appreciated and Im sure I'll need some more down the line.Like when to decide if the K3 or Cr1 is the faster or better choice.Thanks.

Scott

[aussiewench 9]

Oh,one more thing,in your opinion,which is better or faster for her to get here,the K3 or the CR1.Oooops,2 more things..does the child need his own g325a with a photo?Thanks..

That depends. Sometimes the CR-1 can be faster than the K-3. It also depends on what you want. The CR-1 grants your spouse and the child permanent residency with the green card on entry. No adjustment of status and nothing to do until 90 days before the two year anniversary of having entered the US. The adjustment of status process can be a royal pain in the butt especially if the Office you have to file with is one that is taking 2-3 years. Its all up to you. You can follow both paths to see which path is looking better for you. You will however have to make sure you indicate on part 2 of Q22 of the I-130's for both your spouse and the child, that they will be applying for a visa at the consulate abroad. If you don't USCIS will hold the I-130's until the adjusment of status in the US from the K visas or until you file I-824 (Application for Action on an Approved Application or Petition, at an extra cost of $200) whereby they will forward the petitions to NVC in order for you to proceed with the CR-1 path.

If you note on the instructions for the I-130 and in the list I posted above, there is no G-325A for the child. You only need to submit what is in the list above.

Thanks for the info.You're a big help.I try to research this myself but never seem to end up in the right place for a correct explaination.Sooo if Im not too much of a bother can you tell me how to pursue both the K-3 and the CR-1 at the same time?The CR-1 seems like a better option the green card for them on entry.Its time for bed here in Colorado so thanks in advance if you can help me more.And thanks again for all your help so far.

Hi Lorelle,Just wanted to let you know that I received my NOA on the I130 today,so I guess I just fill out the I129f another g325 for her and I,a check for $170 and a couple of other things,and send it all in to

Chicago.Then wait for the NOA for the 129.Your help has been appreciated and Im sure I'll need some more down the line.Like when to decide if the K3 or Cr1 is the faster or better choice.Thanks.

Scott

Congrats on the NOA1 You are on your way.

Unfortunately the new developement with the way that the I-130 is going to be handled may put a spanner in your works with following both paths. You should take a read HERE where it is discussed. The link to the press release is in post 11. No real clear indication yet of all that is happening.

Edited December 5, 2006 by aussiewench

[piker76 0]

Oh,one more thing,in your opinion,which is better or faster for her to get here,the K3 or the CR1.Oooops,2 more things..does the child need his own g325a with a photo?Thanks..

That depends. Sometimes the CR-1 can be faster than the K-3. It also depends on what you want. The CR-1 grants your spouse and the child permanent residency with the green card on entry. No adjustment of status and nothing to do until 90 days before the two year anniversary of having entered the US. The adjustment of status process can be a royal pain in the butt especially if the Office you have to file with is one that is taking 2-3 years. Its all up to you. You can follow both paths to see which path is looking better for you. You will however have to make sure you indicate on part 2 of Q22 of the I-130's for both your spouse and the child, that they will be applying for a visa at the consulate abroad. If you don't USCIS will hold the I-130's until the adjusment of status in the US from the K visas or until you file I-824 (Application for Action on an Approved Application or Petition, at an extra cost of $200) whereby they will forward the petitions to NVC in order for you to proceed with the CR-1 path.

If you note on the instructions for the I-130 and in the list I posted above, there is no G-325A for the child. You only need to submit what is in the list above.

Thanks for the info.You're a big help.I try to research this myself but never seem to end up in the right place for a correct explaination.Sooo if Im not too much of a bother can you tell me how to pursue both the K-3 and the CR-1 at the same time?The CR-1 seems like a better option the green card for them on entry.Its time for bed here in Colorado so thanks in advance if you can help me more.And thanks again for all your help so far.

Hi Lorelle,Just wanted to let you know that I received my NOA on the I130 today,so I guess I just fill out the I129f another g325 for her and I,a check for $170 and a couple of other things,and send it all in to

Chicago.Then wait for the NOA for the 129.Your help has been appreciated and Im sure I'll need some more down the line.Like when to decide if the K3 or Cr1 is the faster or better choice.Thanks.

Scott

Congrats on the NOA1 You are on your way.

Unfortunately the new developement with the way that the I-130 is going to be handled may put a spanner in your works with following both paths. You should take a read HERE where it is discussed. The link to the press release is in post 11. No real clear indication yet of all that is happening.

[piker76 0]

Oh,one more thing,in your opinion,which is better or faster for her to get here,the K3 or the CR1.Oooops,2 more things..does the child need his own g325a with a photo?Thanks..

That depends. Sometimes the CR-1 can be faster than the K-3. It also depends on what you want. The CR-1 grants your spouse and the child permanent residency with the green card on entry. No adjustment of status and nothing to do until 90 days before the two year anniversary of having entered the US. The adjustment of status process can be a royal pain in the butt especially if the Office you have to file with is one that is taking 2-3 years. Its all up to you. You can follow both paths to see which path is looking better for you. You will however have to make sure you indicate on part 2 of Q22 of the I-130's for both your spouse and the child, that they will be applying for a visa at the consulate abroad. If you don't USCIS will hold the I-130's until the adjusment of status in the US from the K visas or until you file I-824 (Application for Action on an Approved Application or Petition, at an extra cost of $200) whereby they will forward the petitions to NVC in order for you to proceed with the CR-1 path.

If you note on the instructions for the I-130 and in the list I posted above, there is no G-325A for the child. You only need to submit what is in the list above.

Thanks for the info.You're a big help.I try to research this myself but never seem to end up in the right place for a correct explaination.Sooo if Im not too much of a bother can you tell me how to pursue both the K-3 and the CR-1 at the same time?The CR-1 seems like a better option the green card for them on entry.Its time for bed here in Colorado so thanks in advance if you can help me more.And thanks again for all your help so far.

Hi Lorelle,Just wanted to let you know that I received my NOA on the I130 today,so I guess I just fill out the I129f another g325 for her and I,a check for $170 and a couple of other things,and send it all in to

Chicago.Then wait for the NOA for the 129.Your help has been appreciated and Im sure I'll need some more down the line.Like when to decide if the K3 or Cr1 is the faster or better choice.Thanks.

Scott

Congrats on the NOA1 You are on your way.

Unfortunately the new developement with the way that the I-130 is going to be handled may put a spanner in your works with following both paths. You should take a read HERE where it is discussed. The link to the press release is in post 11. No real clear indication yet of all that is happening.

Hey Lorelle,I received an email today saying that my 129f APPROVAL was mailed today!!!!Now what do I do?!?!Actually I guess I just follow the handy guides in Visajourney.Anything new that I should know?I think that Im suppose to send my wife everything that I sent in my 130 and 129f and of course the approval letter that I will receive shortly.I dont need to send her anymore photos do I?And what should I tell her to do?Im sooooooooo excited!!!Any help would be greatly appreciated,any shortcuts to speed things up.I dont want to screw things up now.Do I, or can I make a choice on the path of the K3 vs CR1 visas yet?THANKS in advance.

Scott