Concurrent filing for hubby, i130 for step kids

[blue_angel_29 108]

Hello again. 

It's been a while since i posted but I am officially married now and me and hubby are going to file his 485 and 130 concurrently. 

 

We had it all planned before that we will also petition for his kids (my step kids 15 and 9) for their visa. 

 

My hubby is an overstayer here in US and his kids are in Mexico. 

 

So the question is, if we file the 485 and 130 for my hubby, how long do we have to file for the kids if we won't file their petitions together and what will be the difference of filing the 3 petitions together and filing them with my hubby first and then followed by the kids' petition? 

[Jempz 0]

8 minutes ago, blue_angel_29 said:

Hello again. 

It's been a while since i posted but I am officially married now and me and hubby are going to file his 485 and 130 concurrently. 

 

We had it all planned before that we will also petition for his kids (my step kids 15 and 9) for their visa. 

 

My hubby is an overstayer here in US and his kids are in Mexico. 

 

So the question is, if we file the 485 and 130 for my hubby, how long do we have to file for the kids if we won't file their petitions together and what will be the difference of filing the 3 petitions together and filing them with my hubby first and then followed by the kids' petition? 

Hi! You can file it anytime you want but of course it's better to do it as soon as possible before they turn 21. But make sure file it with separate i-130. Hope this can help. Thanks

[blue_angel_29 108]

20 minutes ago, Jempz said:

Hi! You can file it anytime you want but of course it's better to do it as soon as possible before they turn 21. But make sure file it with separate i-130. Hope this can help. Thanks

Awesome!!

 

THANK you!!

[monica7777 40]

First of all, the difference is in the process for your husband and his kids. Since your husband is in the U.S. you will have to do an Adjustment of Status (I-130 and 485) and since his kids are in Mexico it would be a Consular process (I-130, DS260, NVC and the interview in CD. Juarez for them to obtain their immigrant visa to come to the U.S.). Not completely sure on this, but if he overstayed his visa he may be considered to be illegally in the U.S. he may have to ask for a waiver, which I know is also handled in CD.Juarez (again, not sure on this, I would do a consultation with an expert). You can file the I-130s all at the same time and the I-485 for your husband, but in the case of the kids I-485 would not apply to them, since they are not in the U.S. I'm sure you should be able to petition them as stepchildren (IR-2) and the Consular processing takes around a year. You just need to send proof of your marriage to their dad and (if applicable) all previous marriage (s) have been terminated. We are currently going through an IR-2 petition for a step child, as well.

 

I hope this helps and best of luck to you and your family on your process.

[blue_angel_29 108]

10 hours ago, monica7777 said:

First of all, the difference is in the process for your husband and his kids. Since your husband is in the U.S. you will have to do an Adjustment of Status (I-130 and 485) and since his kids are in Mexico it would be a Consular process (I-130, DS260, NVC and the interview in CD. Juarez for them to obtain their immigrant visa to come to the U.S.). Not completely sure on this, but if he overstayed his visa he may be considered to be illegally in the U.S. he may have to ask for a waiver, which I know is also handled in CD.Juarez (again, not sure on this, I would do a consultation with an expert). You can file the I-130s all at the same time and the I-485 for your husband, but in the case of the kids I-485 would not apply to them, since they are not in the U.S. I'm sure you should be able to petition them as stepchildren (IR-2) and the Consular processing takes around a year. You just need to send proof of your marriage to their dad and (if applicable) all previous marriage (s) have been terminated. We are currently going through an IR-2 petition for a step child, as well.

 

I hope this helps and best of luck to you and your family on your process.

We are filing the i 485 and i 130 for my hubby and the i130 for the kids. I thought after the i 130 is approved, they come here and do i 485? SO i have the kids' visa all wrong??

 

Over stay and illegal work are forgiven for USC spouse as long as the beneficiary didn't say that s/he is a USC. so we don't need a waiver because he has not been outside the US since he came in with an H-1B. 

 

the plan was to petition all 3 together but since we are low on funds now and he'd rather make sure that his ex wife would comply to letting the kids go, we figured filing the petition together would not be ideal, i was just not sure if there was a deadline of filing (except before they reach 21) 

 

SO, for the kids, i file i 130, once approved i file DS260? or do i file those together? I need to reread the guides i missed this information.

 

Thank you!!

[monica7777 40]

Yes, you can proceed to file the I-130s for your husband and kids at the same time and send the I-485 for your husband as well. Since he entered with an H1-B, his AOS should go smoothly. In the case of the kids, as long as they are not over 21, you can petition them as your step-children. However, when you begin their process and the I-130 is approved, you won't be able to bring them to the U.S. with a tourist visa and petition their I-485. Tourist visas are non-immigrant visa with the sole purpose of visiting. It is considered visa fraud to enter the U.S. with a tourist visa, if you had the intention of residing in the U.S. They will have to obtain an immigrant visa at their U.S. Embassy in the Philippines. So after their I-130's are approved, the cases are transferred to the National Visa Center, you fill out the DS-260, pay the fees, etc. Later the U.S. Embassy. will send you an appointment for their visa interview. They will have to take the medical exam and finger print scan before the interview. During this process you will need to approval from the mom. The USC is not required to attend the interview, but one of the parents is required go. Immigrant visas for relatives of USC are unlimited and the wait time in their country maybe not as long. So the process could be less than a year. Through other VJ threads, I've seen that the process for people in the Philippines are rather fast. 

[monica7777 40]

8 minutes ago, monica7777 said:

Yes, you can proceed to file the I-130s for your husband and kids at the same time and send the I-485 for your husband as well. Since he entered with an H1-B, his AOS should go smoothly. In the case of the kids, as long as they are not over 21, you can petition them as your step-children. However, when you begin their process and the I-130 is approved, you won't be able to bring them to the U.S. with a tourist visa and petition their I-485. Tourist visas are non-immigrant visa with the sole purpose of visiting. It is considered visa fraud to enter the U.S. with a tourist visa, if you had the intention of residing in the U.S. They will have to obtain an immigrant visa at their U.S. Embassy in the Philippines. So after their I-130's are approved, the cases are transferred to the National Visa Center, you fill out the DS-260, pay the fees, etc. Later the U.S. Embassy. will send you an appointment for their visa interview. They will have to take the medical exam and finger print scan before the interview. During this process you will need to approval from the mom. The USC is not required to attend the interview, but one of the parents is required go. Immigrant visas for relatives of USC are unlimited and the wait time in their country maybe not as long. So the process could be less than a year. Through other VJ threads, I've seen that the process for people in the Philippines are rather fast. 

Sorry about this last part. You said his kids are in Mexico, so they would need to attend the interview in CD. Juarez. The wait times from I-130 to the interview is around 1 year.

[monica7777 40]

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/approved.html 

[Lenchick 133]

On 3/4/2017 at 5:38 PM, blue_angel_29 said:

Hello again. 

It's been a while since i posted but I am officially married now and me and hubby are going to file his 485 and 130 concurrently. 

 

We had it all planned before that we will also petition for his kids (my step kids 15 and 9) for their visa. 

 

My hubby is an overstayer here in US and his kids are in Mexico. 

 

So the question is, if we file the 485 and 130 for my hubby, how long do we have to file for the kids if we won't file their petitions together and what will be the difference of filing the 3 petitions together and filing them with my hubby first and then followed by the kids' petition? 

if your husband's petition approved, but the case is not finished yet, the kids petitions, if you file a bit later, should get approved very fast. Make sure his ex-wife will give the kids permission to immigrate before you start filing for them, otherwise you will waste money. 

[monica7777 40]

Just now, monica7777 said:

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/approved.html 

I found this thread helpful during my Consular process.

[blue_angel_29 108]

41 minutes ago, Lenchick said:

if your husband's petition approved, but the case is not finished yet, the kids petitions, if you file a bit later, should get approved very fast. Make sure his ex-wife will give the kids permission to immigrate before you start filing for them, otherwise you will waste money. 

Thats one of the reasons why we opted to petition my hubby first then kids later. 

 

Now, our plan is to also file the AP/EAD and he goes to mexico to personally talk to kids' mom to get approval and get it notarized/documented before we even start their i 130. 

 

Just to clarify, we can file the kids petition even after my hubby's is already approved? I mean, 1 year seems like a lot of time but it can really creep up in people.. 

 

Thank you everyone, I'm learning more, i really thought i got this visa thing in the bag. I guess not. 

[blue_angel_29 108]

45 minutes ago, monica7777 said:

I found this thread helpful during my Consular process.

I'll definitely check it out. 

 

When i said they come here, i meant if their i 130 is approved, thats the visa, then the 485 is the GC. i didnt know that the DS260 is the visa. 

 

Its close to impossible for the kids to get tourist visa from mexico anyways

 

[Lenchick 133]

1 minute ago, blue_angel_29 said:

Thats one of the reasons why we opted to petition my hubby first then kids later. 

 

Now, our plan is to also file the AP/EAD and he goes to mexico to personally talk to kids' mom to get approval and get it notarized/documented before we even start their i 130. 

 

Just to clarify, we can file the kids petition even after my hubby's is already approved? I mean, 1 year seems like a lot of time but it can really creep up in people.. 

 

Thank you everyone, I'm learning more, i really thought i got this visa thing in the bag. I guess not. 

after his i-130 is approved, you can file of course. You can file any time. My petition took two months to get approved and we filed for my kids after that, they got approved in two weeks instead of 2-3 months DCF regular processing time. I assumed, it was that fast just because mine was already approved.

 

After kids i-130s are approved, you will have to file two separate petitions and pay two times the fee, you will need to fill out DS forms, and yes, this is the application for the actual immigrant visa. If at the time of their interviews you are married for over 2 years, they will get IR2 visas and their GCs will be permanent, you won't have to remove conditions.

[blue_angel_29 108]

12 minutes ago, Lenchick said:

after his i-130 is approved, you can file of course. You can file any time. My petition took two months to get approved and we filed for my kids after that, they got approved in two weeks instead of 2-3 months DCF regular processing time. I assumed, it was that fast just because mine was already approved.

 

After kids i-130s are approved, you will have to file two separate petitions and pay two times the fee, you will need to fill out DS forms, and yes, this is the application for the actual immigrant visa. If at the time of their interviews you are married for over 2 years, they will get IR2 visas and their GCs will be permanent, you won't have to remove conditions.

What?! the kids are also getting a conditional GC?? i thought it was only my hubby that gets the conditional GC and the kids will have the regular 10year GC. I am sooo blindsided by this. I really thought I know the whole process. 

 

Your petition for you i130 for your spouse got approved in 2 months? thats faster than the AP/EAD. I thought i 130 is a year then when the 130 get approved, the 485 follows right after and we get the conditional GC for my hubby.

[Lenchick 133]

1 minute ago, blue_angel_29 said:

What?! the kids are also getting a conditional GC?? i thought it was only my hubby that gets the conditional GC and the kids will have the regular 10year GC. I am sooo blindsided by this. I really thought I know the whole process. 

 

Your petition for you i130 for your spouse got approved in 2 months? thats faster than the AP/EAD. I thought i 130 is a year then when the 130 get approved, the 485 follows right after and we get the conditional GC for my hubby.

No, no, we applied DCF, Direct Consular Filing, that's why it was so fast but anyway the kids petitions was approved even faster than normal processing time for DCF of 90 days just because mine was already approved.

 

My kids were assigned first CR2 when their i-130 petitions were approved, but at the interview as the marriage got over 2 year term, they were granted IRs.