I-130 for kids, & I-129 filing for foreign marriage

[workin4somethin 0]

Hi to all!

I’m a US citizen, married to a Russian citizen November 2005. We were married in Russia. I live in the US, and she lives in Russia. My wife has 2 unmarried minor children.

I mailed the I-130 yesterday (March 10) for my spouse, to the Texas Service Center. I did not file an I-130 for my wife’s children (oops!).

The K-3/K-4 process is really confusing to me.

Some questions for any takers:

(1) Once I receive my notice regarding the I-130, do I file the I-129 in Chicago?

I ask this because I assume that the K-3 will be processed in Moscow, being that we were married there.

(2) Since I failed to file an I-130 for the kids, along with the I-130 for my wife, should I go ahead and file one for each of the kids now or should I wait until my wife and the kids are in the US?

I assume the kids can enter the US without first filing of an I-130 on their behalf.

Thanks a million!

[scy 0]

Hi to all!

I’m a US citizen, married to a Russian citizen November 2005. We were married in Russia. I live in the US, and she lives in Russia. My wife has 2 unmarried minor children.

I mailed the I-130 yesterday (March 10) for my spouse, to the Texas Service Center. I did not file an I-130 for my wife’s children (oops!).

The K-3/K-4 process is really confusing to me.

Some questions for any takers:

(1) Once I receive my notice regarding the I-130, do I file the I-129 in Chicago?

I ask this because I assume that the K-3 will be processed in Moscow, being that we were married there.

(2) Since I failed to file an I-130 for the kids, along with the I-130 for my wife, should I go ahead and file one for each of the kids now or should I wait until my wife and the kids are in the US?

I assume the kids can enter the US without first filing of an I-130 on their behalf.

Thanks a million!

1. Yes.

2. Yes file the I-130s for the kids now. Yes they can come without I-130s filed for them.

[workin4somethin 0]

Thanks “scy”!

When I prepared the I-130 for my wife, the I-130 instructions stated that separate petitions were not required for her kids. This led my decision to file only the single I-130 for my wife. Immediately after mailing the I-130 for my wife, I read elsewhere where I-130 petitions would be required for her kids too (although I do not understand why).

In any event, when the I-130 is prepared for each child, I suppose all items within the petitions must be completed according to each child’s personal information, without relating any of the information to their mom’s I-130, and that each child must actually sign the pages of their individual petition? The instructions to the I-130 do not seem to outline a method of completion for minor children.

Now, about the I-129:

The instructions state that the applicants must apply for a K3/K4 visa in the country where their marriage to the US citizen petitioner took place. Also, there seems to be no reference in the instructions as to how to make application for my spouse’s minor children (same as with the I-130).

If application is to be made in Russia, why do I mail the I-129 to Chicago?

I simply don’t understand.

More insight, please.

[scy 0]

Thanks “scy”!

When I prepared the I-130 for my wife, the I-130 instructions stated that separate petitions were not required for her kids. This led my decision to file only the single I-130 for my wife. Immediately after mailing the I-130 for my wife, I read elsewhere where I-130 petitions would be required for her kids too (although I do not understand why).

In any event, when the I-130 is prepared for each child, I suppose all items within the petitions must be completed according to each child’s personal information, without relating any of the information to their mom’s I-130, and that each child must actually sign the pages of their individual petition? The instructions to the I-130 do not seem to outline a method of completion for minor children.

When your step-children arrive in the US, and start adjustment of status, they will need to have I-130s filed for them. If you file the I-130 now, it will save you time later on at adjustment of status. But you don't need I-130s for them to obtain K-4 visas.

Yes, each I-130 is unique to the alien you are petitioning for. The children only have to submit G-325A. If children are minors, the legal guardian signs for them on all official forms. So have your wife sign the G-325A but make a note on the side that she signed for her minor children. This is the same when your step-children apply for the K-4 visas. Their mom signs for them if they are minors.

Now, about the I-129:

The instructions state that the applicants must apply for a K3/K4 visa in the country where their marriage to the US citizen petitioner took place. Also, there seems to be no reference in the instructions as to how to make application for my spouse’s minor children (same as with the I-130).

If application is to be made in Russia, why do I mail the I-129 to Chicago?

I simply don’t understand.

More insight, please.

You're confusing petition and application. You as a US citizen is petitioning USCIS to classify your wife as a K-3 beneficiary. This is done by sending the I-129F to the National Benefits Center, which receives mail through a Chicago mailbox. Once the petition is approved, then your wife has K-3 classification. Then she may apply for a K-3 visa at a consulate or embassy where the marriage took place. You don't apply for anything when you send the I-129F. You are petitioning for classification. Your wife and her children apply for the actual visas later on after the petition is approved.

Your wife's children derive their K-4 classification through her K-3 classification. They may apply for K-4 visas at the same time as their mother. You don't petition for the kids with respect to K-4.

Edited March 12, 2006 by scy

[workin4somethin 0]

Great!

You've helped me alot.

And thanks, again.