Filing of I-130 and I-485 for Step-Child

[Kayden 0]

Hello everyone,

 

My wife whom is a US Citizen is going to be filing for my son (8 years old), her stepson. We would like to know if we've provided the proper documents. 

 

I-130

1. I-130 Petition

2. Payment of $535

3. Evidence of stepmom's US Citizenship (US Passport)

4. Copy of translated step child's birth certificate issued by foreign authorities showing both biological parents names and child's name

5. Copy of stepson's Canadian Passport

6. Copy of stepmom and I marriage certificate

7. Proof of legal termination of stepmom's previous marriages (I was never married to child's bio mom, do I need proof of this?)
 

Questions:

Do we need to provide a copy of Parenting plan between me and son's mother?

Since I am not petitioning do I still need to provide a copy of my green card?

What we use as proof of stepchild/stepmom relationship?

 

I-485

1. I-485 Petition for Alien Relative

2. Payment of $1140

3. Step child's birth certificate issued by foreign authorities

4. Copy of step child's passport

5. I-693 Medical Examination for Aliens Seeking Adjustment of Status

6. I-864 Affidavit of Support
7. G-325A for step child

8. Two passport type photos of the step child

 

Questions:

What is the purpose of form I-131 Application for Travel Document and do we need to fill this form?

Do we need to submit the form I-765 Application for Employment Authorization?

Thank you everyone for you help.

[f f 725]

the divorce decree and the copies of the green card are not needed.

 

I765 is not needed unless he is a child movie star since it is for working.

 

i131 is only needed if while the application is processing he needs to leave and return to the us since leaving while it is in progress will trigger it to be denied for abandonment.

 

is the child already in the us?

Edited July 15, 2017 by f f

[Kayden 0]

23 minutes ago, f f said:

the divorce decree and the copies of the green card are not needed.

 

I765 is not needed unless he is a child movie star since it is for working.

 

i131 is only needed if while the application is processing he needs to leave and return to the us since leaving while it is in progress will trigger it to be denied for abandonment.

 

is the child already in the us?

Yes, my son is in the US ever since April. We've been trying to get all the documents together before school start.

Do we need to submit a copy of Parenting plan between me and son's mother?

What can we use as proof of stepchild/stepmom relationship?

 

Thank you for you help.

 

 

 

 

[f f 725]

parenting plan is not needed.

to show the relationship all you need is the birth certificate showing the biological parents and your marriage certificate showing you married one of the biological parents prior to the child turning 18 years old.

[aleful 1,905]

the i765 isn't only for working, the child will have a temporary legal status until the interview, plus you can get his social security card before he has his GC

 

with the work permit, it allows him to be legal, live and travel within the US

 

so you should send it, since it's free

 

 

[Kayden 0]

10 minutes ago, aleful said:

the i765 isn't only for working, the child will have a temporary legal status until the interview, plus you can get his social security card before he has his GC

 

with the work permit, it allows him to be legal, live and travel within the US

 

so you should send it, since it's free

 

 

Thank you for clarifying the info. Overall, am I missing anything?

 

[f f 725]

1 hour ago, aleful said:

the i765 isn't only for working, the child will have a temporary legal status until the interview, plus you can get his social security card before he has his GC

 

with the work permit, it allows him to be legal, live and travel within the US

 

so you should send it, since it's free

 

 

the pending i485 gives him the legal status not the i765. 

[aleful 1,905]

yes it does, the i485 is pending,  that doesn't give him legal status

 

I've had a work permit, when my i485 was pending, with the work permit card valid for 1 year, you can live, travel in the US, study within the year while the case is pending, that is the proof that you have in hand

 

you can get a social security card, open bank accounts, go to school, get a job, it's a proof of temporary legal status until the pending case is resolved

 

showing the card to police or employer, school, or anyone means that you are temporarily legal in the country, that's what I meant

 

my USC mom filed for me as a child over 21 under the 245i law

 

 

[NikLR 13,232]

Thoughts:  

a letter stating she is aware the child will be living in the USA would be helpful along with any legal custody paperwork.  Not to send with the AOS but to bring to interview if required. 

[f f 725]

since the child is so young I doubt there will be an interview.

[Kayden 0]

1 hour ago, NikLR said:

Thoughts:  

a letter stating she is aware the child will be living in the USA would be helpful along with any legal custody paperwork.  Not to send with the AOS but to bring to interview if required. 

The child is currently living with us in the US and we are submitting the form I-485 (Adjustment of status in USA) so why would we need a letter stating this, please elaborate.

[Kayden 0]

14 hours ago, aleful said:

yes it does, the i485 is pending,  that doesn't give him legal status

 

I've had a work permit, when my i485 was pending, with the work permit card valid for 1 year, you can live, travel in the US, study within the year while the case is pending, that is the proof that you have in hand

 

you can get a social security card, open bank accounts, go to school, get a job, it's a proof of temporary legal status until the pending case is resolved

 

showing the card to police or employer, school, or anyone means that you are temporarily legal in the country, that's what I meant

 

my USC mom filed for me as a child over 21 under the 245i law

 

 

From your comments, do you recommend sending the form I765?

 

Edited July 16, 2017 by Kayden

[aleful 1,905]

hi

 

yes, when my brother filed for his son, who was 14 at that time, he got the social security card, like I said, it doesn't cost you anything extra

 

 

[Kayden 0]

2 hours ago, aleful said:

hi

 

yes, when my brother filed for his son, who was 14 at that time, he got the social security card, like I said, it doesn't cost you anything extra

 

 

You are right it doesn't hurt to submit it since there's no extra charge. Thanks again.

 

[NikLR 13,232]

3 hours ago, Kayden said:

The child is currently living with us in the US and we are submitting the form I-485 (Adjustment of status in USA) so why would we need a letter stating this, please elaborate.

Because they may want to know that the child is there with his mother's knowledge and not kidnapped. 

 

My daughter lives in Canada with her father by her choice.  She needs a travel consent form each time she flies to see me or if he takes her out of Canada or if I were to take her out of the USA while visiting.  Granted, it's not always asked for, but one should be prepared for this issue.  Any child immigrating with a visa from Canada to the USA needs a letter of acknowledgment from the parent who is not immigrating so it makes sense that a child may need a letter of acknowledgment when adjusting their status.