Child is still abroad, mothere here on touris visa, file I485 for mother and I-824 for child?

[Newbie954 0]

Hi guys, I hope you can help me. I have a question about the following situation.

My friend came here on a tourist visa a number of times and met a guy, on her last visit he asked to marry her and they did, get married, they are now married in the process of filing for adjustment of status for her, I am helping them with the process since I've done it myself before. One major issue which I'm having trouble with: My friend has a child, a minor, who is still in her home country. Question is:

I understand an I-130 must be filed for the child + the mother, and an I-485 for the mother who is already in the USA. However there seems to be confusing information about the filing of the I-485 for the child who is still abroad.

On the I-485 instruction form it mentions to complete form I-824 if the child is still abroad and the principal immigrant is in the USA adjusting status.

So do they have to file a form I-485 + form I-824 for the child ? I have also heard that an immigrant visa can be applied for in the foreign country once the mother's I-485 is approved. Please anyone help with the correct procedure to get the child here the fastest/proper way?

[aaron2020 11,651]

Completely separate cases. Mother is adjusting. Child is not in the US, so child cannot adjust with mother. They each will have their own case.

Mother. I-130, I-486, etc. to adjust her. Don't leave without AP.

Child. Stepfather files I-130 for stepchild under age 18. He will get an immigrant visa and a green card automatically when he enters the US.

[CC90 90]

*deleted*

Edited June 26, 2013 by CC90

[Newbie954 0]

Thanks CC90, that's what I had assumed, it was just a little confusing on the instruction sheet. So what is the process for the child once the mother is approved? An application for an immigrant visa at the consulate abroad? How long might this take? Any idea?

[Hypnos 6,578]

~8 - 10 months. The US citizen step-parent should file the I-130 so it would be an immediate relative petition as opposed to a family preference one if the mother filed it (this would be a longer wait), assuming the child was under 18 when the marriage took place.

Edited June 26, 2013 by Hypnos

[Newbie954 0]

Does anyone know what the visa application name/number is that the child will apply for from abroad? Is it the DS-230? My friend plans to go back home after approval of her I-485 to do this process for the child.

[Hypnos 6,578]

The child will be seeking an IR-2 visa.

[Newbie954 0]

I found the below info on ehow, does anyone know if this info is correct? The child is not the biological child of the USC citizen (male/husband), the child is from a previous marriage. The mother will go back to her home country after receiving her green card and apply for the child for both the IR-2 AND the DS-230 for the child?? The mother is in the US on a valid visit visa and the step father (USC) have just filed for I-130 for both mother and child (still abroad) and I-485 for mother.

"The IR-2 requires only a copy of the child's birth certificate with both your name and the child's name on it.

Visa Applications

• Both IR-1 and IR-2 applicants must attend a visa application appointment with their select U.S. Consulate General. Both visas require the submission of DS-230 Immigrant Visa Application, I-864 Affidavit of Support, all civic documents such as marriage and birth certificates and a receipt of the required medical exam. The U.S. Consulate General notifies all applicants of when and where to attend a medical exam.

Fees

• The I-130 application fee for both IR-1 and IR-2 is $420 and the DS-230 Immigrant Visa Application $330 for a total application cost of $750 (as of 2010). Additional costs such as translations, photocopies and transportation also apply to both.

Read more: http://www.ehow.com/list_7557467_differences-between-ir1-ir2-visa.html#ixzz2XWE160st"

[aaron2020 11,651]

Read the instructions for the I-130. Stepchildren are specifically addressed there.

Be careful. Mother applies for nothing for her child. The petition is based on the stepfather/stepchild relationship. The stepfather is the petitioner. The stepchild is the beneficiary. Mom is not a part of the petition.

Edited June 28, 2013 by aaron2020