Spouses Children Questions

[Mike_&_Rossy 0]

OK, we were married last month in Mexico, here is what I am getting ready to send in now:

Cover Letter

Form I-130

USCIS Filing Fee of $190 made out to: USCIS, stapled to the front in the middle of the I-130 Form

A Form G-325 for myself

A Form G-325 for my Wife

USCIS color photographs for myself, my full name written on the back. Placed in a plastic bag and the bag labeled "Photo of ". Attach the bag to a sheet of paper and place behind my G-325A.

USCIS color photographs for my wife, her full name written on the back. Placed in a plastic bag and the bag labeled "Photo of ". Attach the bag to a sheet of paper and place behind her G-325A.

A Copy of our Marriage Certificate front and back and an original notarized translation into English

A copy of my Birth Certificate front and back

Copy of my wife's Birth Certificate front and back and an original notarized translation into English

Copy of my Complete Final Divorce Decree from my Previous Marriage (none for her, she was never married)

I will make 2 copies of everything to keep myself.

Clip everything together with a binder clip.

I am in Californai so I send it tracable to:

California Service Center

24000 Avila Road, 2nd Floor, Room 2302

Attn: P.O. Box 10130

Laguna Niguel, CA 92677

All the guides are a bit lacking on exactly what and how to deal with importing kids aquired by marriage. My question is... She has two kids (8 year old twins)

Do I send in I-130s for each one with this package?

Do they get treated as their own package with separate checks and photos and all? Or just fill out what and clip it together with the above?

Do I send in G-325s for each one with this package?

Thanks guys!

Mike

[mendeleev 68]

First, concerning the children.

It is not required but apparently high adviseable that you submit an I-130 for each of your stepchildren. I found this in the FAQ section,

"10.3)...When starting the K3/K4 process, must I submit an I-130 for our children when I submit the I-130 for my spouse?

A..It is not required to send an I-130 petition for the children when you first submit the I-130 for your spouse as part of the K3/K4 process. However, it is highly advisable to do so, in order to avoid complications and delays during the Adjustment of Status process. The children will not be able to complete the Adjustment of Status without an I-130 petition being approved.

Keep in mind also that you might opt for Consular processing of the immigrant visa. If separate I-130 petitions have not been submitted on behalf of the children, this option is not available to them."

I thought you also needed passport photos for you and your wife (and presumably children) in the I-130 packet. You might want to doublecheck on that.

[Ashleigh-Au 0]

If you decide to send in I130's for the children....they do not need photographs, nor will they need G-325.

You would make a separate package for each of them, paperclip each pack and then clip all three packs together....with separate checks

[Mike and Adriana 0]

If you decide to send in I130's for the children....they do not need photographs, nor will they need G-325.

You would make a separate package for each of them, paperclip each pack and then clip all three packs together....with separate checks

My advice is to go ahead and submit the I-130s for the children now, assuming money is not an issue. The nice thing about the I-130 for the kids is that the paperwork requirement is substantially less.

Here is what I submitted with the I-130 for my step-daughter (9 years old):

Cover letter

check

I-130

Her birth certificate (with translation)

My birth certificate

My marriage certificate (to prove that the girl was under 18 when her mother and I got married)

My divorce decree (to prove that I was eligible to marry her mom).

Never hurts to add "extra" documents just in case.

As noted above, I see nothing wrong with sending them all together, but I would attach separate checks to each as they are liable to get separated during processing.

Now, one adjustment from what the site says. Evidence is beginning to suggest that those filing a K-3 will no longer be able to opt for a consular interview for the I-130...we'll have to see if this bears out. So, if that is the case, your filing of the I-130 for the kids will simply allow you to file AOS for them right away when they arrive in the U.S. The only issue is - do you file the I-130 now? Or do you wait until they arrive in the U.S.?

Mike

[misa 2]

nevermind, I had a question but I'll do a search first.

Edited December 4, 2006 by misa