Step son I-130?

[Pinball1921 4]

Good morning. First of all, I am a US citizen by birth. My wife is in her home country and we are not adjusting status here in the US. My wife's CR-1 immigrant visa case is currently at the NVC stage, however we have decided to now start an I-130 for her son (my stepson) as well. Do we need to do this? Or can she simply utilize the follow to join benefits once she becomes a permanent resident? How does that application work? And would she be able to go back to her country and help her son (he is 8) at the embassy interview and then return to the US with him? I've done research on this but it's all so confusing to me. It just seems like a big time saver if we don't have to file another I-130 for him, if we can just wait a couple more months until she becomes a permanent resident. Thanks for all replies!

[Ivy. 113]

You would have to send another I-130 for your stepson. It will be much quicker if you, the USC do it, than if she the LPR does it.

t is a shame you didn't send both at the same time. Your wife will be able to travel back later, being a LPR means you have to spend most of your time every year in the US and does not stop you from travelling.

Did you see this guide here?

[NigeriaorBust 4,087]

If you send the I130 now for your stepson you could ask for an expedite based on the mothers impending petition and they could maybe come together

[Pinball1921 4]

I'm not sure why this was merged, as the original post doesn't seem to be about mine. Anyway, thanks for your reply. Why wouldn't we be eligible for follow to join benefits? You say we would have to file a I-130 but what is the reason behind that? Thanks.

[Penguin_ie 5,993]

*** topic split as a merging mistake was made, and I need more coffee. My apologies. *****

[Pinball1921 4]

Yes I was planning on expediting because my wife's was expedited as well (military reason) but I'm still trying to figure out why we wouldn't be eligible for the follow to join benefits.

[Ivy. 113]

Anyway, thanks for your reply. Why wouldn't we be eligible for follow to join benefits? You say we would have to file a I-130 but what is the reason behind that? Thanks.

I have no children involved in my case so I was never researching this. I saw this in I-130 instructions:

Who May File Form I-130?

1. If you are a U.S. citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:

A. Your husband or wife;

B. Your unmarried child under age 21;

So, you may petition for a child you are not a biological parent to if you are married to their mother. You will need:

• A copy of your step-child’s birth certificate issued by civil authorities
• A copy of your civil marriage certificate to your step-child’s biological parent
• Proof of the legal termination of all previous marriages for you and/or the biological parent (divorce decree, death certificate, annulment decree)

The last info comes from USCIS. I'll stop googling this now since I am sure you are more than capable of doing it on your own. Maybe someone who went through this and knows what they are talking about comes along.

[NigeriaorBust 4,087]

Follow to join is a K1-k2 or k3-k4 feature where the child petitions are tied to the parents and you have arrival options ( together or the child can wait up to a year)

[NikLR 13,227]

Follow to join is not available because your wife is not a preference category. She doesn't have to wait for a visa to become available.

You have to file the I-130 and do the same route you did with your wife. The requirements are different however. She will need proof at the NVC or interview that she has sole custody or the father's permission to allow the child to move to the USA.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD

Notably:

Your spouse and/or children may be eligible for following-to-join benefits if:

• The relationship existed at the time you became a permanent resident and still exists, AND
• You received an immigrant visa or adjusted status in a preference category

Also an explanation of preference category:

http://www.**.com/greencard/***removed***/preference-categories.html

Edited October 28, 2013 by Captain Ewok