i-130 spouse + kid silly question

[lukehansen83 0]

Hello Everyone, I have a silly question: when filling out the i-130 (which I've almost got ready to go...thick envelope!) I'm lead to believe that I don't have to file anything additional for my wife's 9-year-old daughter (my step-daughter) to get a derivative visa...first of all...is that right? just ONE i-130 package covers my wife and the little one?

at the top of the form (section 1, actually) it asks who you're filing for...spouse, brother, kid, etc...you can select more than one option there...should I check spouse AND check child? Or just Spouse, then just add the personal info about the kid in section 17 of the form? Thanks in advance, and I hope that I've put this question in the right part of the forums...

[aaron2020 11,651]

Hi,

You need separate I-130s for them. When a US citizen petitions a spouse, derivative beneficiaries are not allowed. You have to file separately for your stepdaughter. Immediate Relative cases don't allow for derivative beneficiaries.

No one ever marks two categories. There is only one beneficiary for any case. Derivative beneficiaries are not petitioned for.

[lukehansen83 0]

Hi Aaron, thanks for your prompt response! This is a real bummer. I was hoping that my stepdaughter would be covered in the main i-130 package and issued a visa when my wife is issued hers...but oh well..more $ and more paperwork...I'd expect nothing less when dealing with US Immigration

So to sum up: my wife is an "immediate relative," which is good, because a visa is guaranteed, as opposed to waiting years. There's a difference between a "LPR" filing an i-130 and a USC filing an i-130...which, once again, is to my benefit in regards to time...but the downside is that my stepdaughter needs her own i-130 packet filed at the same time (and with another $420 filing fee, one assumes) to be able to come to the States with my wife. Would that be a K4 visa given as a dependent to my wife's K3 visa?

Have I got it right?

Thanks again!

[aaron2020 11,651]

Hi Aaron, thanks for your prompt response! This is a real bummer. I was hoping that my stepdaughter would be covered in the main i-130 package and issued a visa when my wife is issued hers...but oh well..more $ and more paperwork...I'd expect nothing less when dealing with US Immigration US immigration is fully supported by the fees we pay. You didn't expect people to do work for free right? Someone has to be paid to process your wife's visa. Paying for things is called life.

So to sum up: my wife is an "immediate relative," which is good, because a visa is guaranteed, as opposed to waiting years. No visa is ever guaranteed. Your wife is not guaranteed a visa at any point in this process. There's a difference between a "LPR" filing an i-130 and a USC filing an i-130...which, once again, is to my benefit in regards to time...but the downside is that my stepdaughter needs her own i-130 packet filed at the same time (and with another $420 filing fee, one assumes) to be able to come to the States with my wife. Would that be a K4 visa given as a dependent to my wife's K3 visa? Yes a K4 derivative visa can be issued if a K3 has been issued, but the K3 path will be administratively closed when the I-130 for your wife is approved. Furthermore, AOS would be required and that's more money and more time where your wife can not work while waiting for her EAD.

Have I got it right? Not yet. Getting there.

Thanks again!

[Darnell 8,479]

k-3 and k-4 ? eeek ! you be chasing a CR-1 and CR-2, instead.. [or IR-1 and 2]

as

any paperwork flow for a K-3 gets shut down at NVC,

'cause USCIS got really efficient at approving the I-130 and I-129F at the same time,

so

the approved petitions arrived together INTO NVC,

where,

NVC sees the approved I-129F,

and

administratively closes it,

as

the basis for a K-3, an unapproved I-130, no longer exists.

----

so, file TWO I-130s - one on yer wife, one on the child, bundle them together into one mailing packet. If you need to wait a bit to amass the money, well, wait a bit.

[lukehansen83 0]

Thanks to both of you...so...it will be alright to file both i-130s in the same package? One giant manila envelope? Two payments and two i-130s and two sets of all the accompanying documentation? would it be better to mail them separately?

CR-1 for my wife and CR-2 for the little one. Sounds good. We've been married less than 2 years, so no IR visas. K-type visas for spouses get messed with by USCIS, sometimes cancelled, and the processing times for CRs are getting better, so the whole benefit of being able to reside with me in the States during the processing of the CR visa becomes a moot point...getting warmer?

Anything else obvious that I'm missing? I really appreciate your input on this!

One last question: I currently have an Arizona DL, but I'm planning on living in the near future in California (my state of birth) and that would be the address that I'm planning on putting on the i-130s...but my current tax address/mailing address/everything else is in Az. Problems? How #######-retentive are folks on this. Yes, it's their job. I get it. Just asking, jeez.

[Darnell 8,479]

1. don't mail them separately.

2. study the G-325-A a bit - there's spots there for address/residence capture.

[aaron2020 11,651]

Thanks to both of you...so...it will be alright to file both i-130s in the same package? Yes. One giant manila envelope? That's fine. Two payments and two i-130s and two sets of all the accompanying documentation? Yes. Separate cases, so separate copies of everything. Separate checks. would it be better to mail them separately? No.

CR-1 for my wife and CR-2 for the little one. Sounds good. We've been married less than 2 years, so no IR visas. K-type visas for spouses get messed with by USCIS, sometimes cancelled, and the processing times for CRs are getting better, so the whole benefit of being able to reside with me in the States during the processing of the CR K3 visa becomes a moot point...getting warmer? Warmer. USCIS is not messing. USCIS is helping you. The CR-1 is the superior choice over the K-3. Once the CR-1 is available, it's better for the US Embassy to interview them for immigration visas which automatically get them green cards upon entry rather than interview them for non-immigrant K visas that requires them to file to adjust status in the US for green cards which means more money, 90 days where she can't work, etc. Then there is also the fact that many people don't file for AOS. So, the route without AOS is the better for everyone.

Anything else obvious that I'm missing? Follow the Guides. Read up on the experiences of other couples from her country. Check your petitions a few times so you can fix those mistakes instead of getting an RFE. Relax, everyone will get through this experience. It sucks during the wait, but you have a lifetime to look forward to. I really appreciate your input on this!

One last question: I currently have an Arizona DL, but I'm planning on living in the near future in California (my state of birth) and that would be the address that I'm planning on putting on the i-130s...but my current tax address/mailing address/everything else is in Az. Problems? How #######-retentive are folks on this. Yes, it's their job. I get it. Just asking, jeez. Don't matter. Use the address where you want mail sent.

Best of luck.

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.