Need for DS-260

[Enigma11561 336]

My step son is an LPR (his mom..my wife is a naturalized USC). He is going for his citizenship this coming March (5 years). He is 26YR old. Ok. He went and married his GF last July. Wanted to bring her in on a tourist visa. Cancelled and withdrew when it became obvious she was not going to get it. Now applying for a F visa and filing the I-130.( quota is now around 1year plus but should drop after citizenship to something a lot shorter). I understand this form and the other supporting docs (affidavit of support etc) but what is this DS-260? To me it sounds like you are applying for a GC before entering the country as opposed to adjusting status after you enter. Is it a necessary form after I-130 is approved? Nowhere in the guides is this form mentioned.When it should ( if needed) to be filed, etc.. I'm Kinda lost on this one. All help is appreciated. Thanks

[laddu 2]

My step son is an LPR (his mom..my wife is a naturalized USC). He is going for his citizenship this coming March (5 years). He is 26YR old. Ok. He went and married his GF last July. Wanted to bring her in on a tourist visa. Cancelled and withdrew when it became obvious she was not going to get it. Now applying for a F visa and filing the I-130.( quota is now around 1year plus but should drop after citizenship to something a lot shorter). I understand this form and the other supporting docs (affidavit of support etc) but what is this DS-260? To me it sounds like you are applying for a GC before entering the country as opposed to adjusting status after you enter. Is it a necessary form after I-130 is approved? Nowhere in the guides is this form mentioned.When it should ( if needed) to be filed, etc.. I'm Kinda lost on this one. All help is appreciated. Thanks

when your I-130 will get approved from USCIS your case file will be transferred to NVC. than you will be given case ID No. it is used to get login into ceac.state.gov which is Consular Electronic Application Center. there you are supposed to follow the steps given there. DS-260 is one of them. it is application for visa from the applicant and it is mandatory too.

[aaron2020 11,651]

My step son is an LPR (his mom..my wife is a naturalized USC). He is going for his citizenship this coming March (5 years). He is 26YR old. Ok. He went and married his GF last July. Wanted to bring her in on a tourist visa. Cancelled and withdrew when it became obvious she was not going to get it. Now applying for a F visa and filing the I-130.( quota is now around 1year plus but should drop after citizenship to something a lot shorter). I understand this form and the other supporting docs (affidavit of support etc) but what is this DS-260? To me it sounds like you are applying for a GC before entering the country as opposed to adjusting status after you enter. Is it a necessary form after I-130 is approved? Nowhere in the guides is this form mentioned.When it should ( if needed) to be filed, etc.. I'm Kinda lost on this one. All help is appreciated. Thanks

What's an F visa? Do you mean the F2a family based family category?

Seems like you went the K-1/K-2 route and have no idea about spousal visas.

The DS-260 is the immigrant visa application and is required after the I-130 is approved. His wife files this. The approved I-130 only establish a prima facie case that they are married, thus she is eligible to apply for an immigrant visa. Think of the DS-260 as similar to the DS-160 your fiancee filed after you filed the I-129F.

Your fiancee entered with a non-immigrant K-1 visa, that's why she had to adjust status after entering (and marrying you) for a green card.

Your son's wife will enter with an spousal immigrant visa. Upon entry, an immigrant visa holder automatically gets a green card.

[mansux 9]

First you send in the I-130. You get noa1 that tells you NVC received the paperwork. Noa2 comes when it's approved. Then you get your case number and IIN number and you pay the AOS fee and chose your agent DS-261. After a few weeks your IV fee becomes payable and after paying it you can fill out the DS-260. Google the form, it's about 76 pages, there is an example form that you can look at. There's a lot of things that need to be filled out, for example all the addresses the beneficiary has lived at since the age of 16.

[Enigma11561 336]

Thanks. Yes, my wife and her son came in on a K1/K2 some 5 years ago and yes, I ( and he) have little knowledge on this spousal visa bit. And yes it would be a F2a.

[aaron2020 11,651]

Thanks. Yes, my wife and her son came in on a K1/K2 some 5 years ago and yes, I ( and he) have little knowledge on this spousal visa bit. And yes it would be a F2a.

The CR-1 spousal process that your son is going through is similar to the K-1 fiancee process that you went through. The major difference is that what you did in two steps for a non-immigrant fiancee visa (K-1 non-immigrant visa and the adjustment of status for a green card) are combined into one step for the immigrant spousal visa (CR-1 immigrant visa which automatically gets a green card upon entering the US).

FYI - You can bring a future stepchild under age 21 to the US on a K-2 visa as a derivative of a K-1. If you had married his mom abroad and gone for a spousal visa, he would not have qualified for a visa through you since you married his mom after his 18th birthday. A US citizen can not bring an actual stepchild to the US if the marriage occurred after the child's 18th birthday, but that same US citizen could bring a future stepson in until age 21. A quirk in the system. You're a freakin' immigration genius without knowing it. What an enigma.

Edited January 12, 2016 by aaron2020

[Enigma11561 336]

The CR-1 spousal process that your son is going through is similar to the K-1 fiancee process that you went through. The major difference is that what you did in two steps for a non-immigrant fiancee visa (K-1 non-immigrant visa and the adjustment of status for a green card) are combined into one step for the immigrant spousal visa (CR-1 immigrant visa which automatically gets a green card upon entering the US).

FYI - You can bring a future stepchild under age 21 to the US on a K-2 visa as a derivative of a K-1. If you had married his mom abroad and gone for a spousal visa, he would not have qualified for a visa through you since you married his mom after his 18th birthday. A US citizen can not bring an actual stepchild to the US if the marriage occurred after the child's 18th birthday, but that same US citizen could bring a future stepson in until age 21. A quirk in the system. You're a freakin' immigration genius without knowing it. What an enigma.

AAron. Maybe I'm reading this wrong but he is already here. Came JUST before his 21st BD. And THAT was a nightmare getting AOS. This was at the time when USCIS said you had to ADJUST before 21 when the law actually said you only needed to be on U.S. soil before 21. There are no more kids..thank god.Getting way to old for more kids. Grand kids ( his or my older daughters)at some point would be welcome. LOL.

[aaron2020 11,651]

AAron. Maybe I'm reading this wrong but he is already here. Came JUST before his 21st BD. And THAT was a nightmare getting AOS. This was at the time when USCIS said you had to ADJUST before 21 when the law actually said you only needed to be on U.S. soil before 21. There are no more kids..thank god.Getting way to old for more kids. Grand kids ( his or my older daughters)at some point would be welcome. LOL.

Hi Enigma,

I know he is here, came as a K-2, and is now a US citizen. Just pointing out that because he was over 18 but under 21 when you married his mom, he could only have come over on a K-2 visa through you.

Sorry if my attempt at humor created confusion.

No need to tell me about kids. Already planned on full retirement when the last one goes off to college. 2 down. 1 to go. Get out. I'll stop by to play with the grandkids when I want, and I will leave when I want. Bwaaaa!!!!!!!