Marriage based immigration

[fazal 0]

Hi All,

 

 

I have Green card through marrying a US citizen in 2012 unfortunately we got divorced in 2015 and i got married again in feb 2016. i have to file for I-130 for my spouse and 6 month old baby but 5 years haven't elapsed from my previous marriage. should i wait for 6 months and file ? i'm eligible to file for US citizenship in sep 2017... shall i wait until i get US citizenship? if i can file 1-130 right now do i need to file separate I-130 for spouse and baby.

 

thanks

 

 

[f1660114 18]

If I were you, I would wait until I got citizenship to file I-130 for your wife. As a US citizen, you need to file separate I-130 for your step-child as well.

 

If you can file right now, you do not need to file separate I-130 for your step child as the kid can be your wife's derivative. But there is a catch-22 for that situation. When you become US citizen, the kid needs separate I-130 for him/her as he/she cannot be your wife's derivative anymore.

 

Bottom line, in either case you should file 2 I-130 for them (unless you can wait until both of them make POE and then take an oath after that).

[fazal 0]

that's my biological son from second marriage. i don't have any child from first marriage and also there will be separate fee for spouse and son ? how much is the fee for i-130

 

thanks

[f1660114 18]

I have overlooked the fact that the kid is your bio son. However, two I-130 should still be filed in your case. $535 each.

[fazal 0]

If I wait until i get US citizenship and file for spouse and son fees would be same? and have to file separate i-130 as well?

 

thanks

 

 

 

[f1660114 18]

7 hours ago, fazal said:

If I wait until i get US citizenship and file for spouse and son fees would be same? and have to file separate i-130 as well?

 

thanks

 

 

 

You must file two I-130, $535 each if you wait until you become USC. Like I said earlier, the only case you can save $535 for your kid's I-30 is when you remain LPR until your wife and son enter the US. In other words, you file only one I-130 for your wife now and your son can accompany your wife to the US when their visas become available AND you must not become the USC anytime before they come here.

[fazal 0]

I'm sorry this is confusing.... what if i file their separate  i-130 now and if i get my US citizenship by feb 2018. what will happen to their separate  i-130  which i will be filling with my LPR Status? does their i-130 does not move to priority date as i will be citizen?

 

 

thanks 

 

[f1660114 18]

8 minutes ago, fazal said:

I'm sorry this is confusing.... what if i file their separate  i-130 now and if i get my US citizenship by feb 2018. what will happen to their separate  i-130  which i will be filling with my LPR Status? does their i-130 does not move to priority date as i will be citizen?

 

 

thanks 

 

If you can file two I-130 for them right now ($1,070 total), when you already became USC and after I-130s are approved, you can request NVC to upgrade their F2A to IR1/IR2.

[fazal 0]

Thanks, how many months (approx) USCIS will take to approve i-130? and what docs i need to submit along with i-130? if i'm filling with LPR status do i need submit my indian passport copy? and what docs are required for my spouse and son?

 

 

thanks a ton !