A2A INA MINOR CHILD OF LPR

[geowrian 22,338]

3 minutes ago, Tcwolt said:

But can he file a petition if I already have one going?  Not that they have approved mine yet as it is still pending.  But i thought I read somewhere, where you couldn't file two petitions for the same person.  I would have to cancel my petition and then I would lose my fee right?  And is it for sure that my husband can petition his step child?  She didn't take his last name and he isn't going to legally adopt her.

You can have multiple I-130s for the same person filed by different petitioners. Whichever one reaches the finish line first can be used to proceed with the visa application.

No refund on the filing fees.

Yes, a stepfather can petition for a stepchild so long as the parents married before age 18.

No need for adoption, and adoption would not benefit her (immigration-wise) anyway...there's strict requirements for immigration benefits due to adoption.

[Tcwolt 0]

Just now, geowrian said:

You can have multiple I-130s for the same person filed by different petitioners. Whichever one reaches the finish line first can be used to proceed with the visa application.

No refund on the filing fees.

Yes, a stepfather can petition for a stepchild so long as the parents married before age 18.

No need for adoption, and adoption would not benefit her (immigration-wise) anyway...there's strict requirements for immigration benefits due to adoption.

Does it matter that the stepfather cannot go to Canada?  Meaning he cannot attend the immigration appointment at the Canadian consulate, if that were to be required.  

[geowrian 22,338]

Just now, Tcwolt said:

Does it matter that the stepfather cannot go to Canada?  Meaning he cannot attend the immigration appointment at the Canadian consulate, if that were to be required.  

The petitioner is not required to be in attendance at the visa interview. Coming from Canada, I'm doubtful there would be any issues assuming she has all required documentation.

[Tcwolt 0]

Just now, geowrian said:

The petitioner is not required to be in attendance at the visa interview. Coming from Canada, I'm doubtful there would be any issues assuming she has all required documentation.

Ok thank you, I will look into all of this.  Much appreciated 😊

[Tcwolt 0]

21 minutes ago, geowrian said:

Yes, a stepfather can petition for a stepchild so long as the parents married before age 18.

 

Where can I find documentation on this?  I need to show my husband so I can convince him that he needs to file a I-130.

[Boiler 46,121]

Here and on USCIS web site.

[milimelo 4,561]

13 minutes ago, Tcwolt said:

Where can I find documentation on this?  I need to show my husband so I can convince him that he needs to file a I-130.

In the instructions for I-130. Birth certificate, marriage certificate to prove relationship should be all that's needed. 

[Tcwolt 0]

So question...I was reading on USCIS that if my husband files a I-130 for my daughter, his step child, then while the I-130 is pending the child can come to the USA and we can file fora K-4 visa.  Is this correct?   Or do I have to be a K-3 visa holder in order to do this?   I came as a K-1 but now I'm an LPR.  I just get so dang confused by all of this 😞    Because when my husband filed the I-129F to bring me on a K-1 visa he named my child on that form, so would he need to file that form again?

Edited November 28, 2017 by Tcwolt

[milimelo 4,561]

K3 and K4 visas are issued in under 1% of time. Stick to CR2 visa. 

[Tcwolt 0]

Just now, milimelo said:

K3 and K4 visas are issued in under 1% of time. Stick to CR2 visa. 

What is the CR2??  

 

 

[Unlockable 7,315]

22 minutes ago, Tcwolt said:

What is the CR2??  

 

 

CR = Conditional Residency.

2 = Second category (child of a CR).

 

You need to spend some time in the guides and help section to help you along.

http://www.visajourney.com/content/childpet

http://www.visajourney.com/content/guides/

http://www.visajourney.com/wiki/index.php?title=IR1_and_CR1_Immigrant_Visas

http://www.visajourney.com/content/child

 

[Tcwolt 0]

7 minutes ago, NuestraUnion said:

CR = Conditional Residency.

2 = Second category (child of a CR).

 

You need to spend some time in the guides and help section to help you along.

http://www.visajourney.com/content/childpet

http://www.visajourney.com/content/guides/

http://www.visajourney.com/wiki/index.php?title=IR1_and_CR1_Immigrant_Visas

http://www.visajourney.com/content/child

 

Yes you are right, I did not understand how any of this worked but I think I am beginning to understand.  So correct me if I'm wrong but since my child is the stepchild of a US citizen, basically all my husband needs to do is file a form I-130 and if I read this right we also file her form I-485 adjustment of status at the same time because she does not need to wait for a visa number to become available.  Correct?  Because it says that a visa number is not required if the child is under the age of 21.  Correct?  

[geowrian 22,338]

5 minutes ago, Tcwolt said:

Yes you are right, I did not understand how any of this worked but I think I am beginning to understand.  So correct me if I'm wrong but since my child is the stepchild of a US citizen, basically all my husband needs to do is file a form I-130 and if I read this right we also file her form I-485 adjustment of status at the same time because she does not need to wait for a visa number to become available.  Correct?  Because it says that a visa number is not required if the child is under the age of 21.  Correct?  

AOS is not an option as the child is not in the US, and they cannot enter the US with intent to AOS. You have to go through the CR-2 process.

 

1 hour ago, Tcwolt said:

So question...I was reading on USCIS that if my husband files a I-130 for my daughter, his step child, then while the I-130 is pending the child can come to the USA and we can file fora K-4 visa.  Is this correct?   Or do I have to be a K-3 visa holder in order to do this?   I came as a K-1 but now I'm an LPR.  I just get so dang confused by all of this 😞    Because when my husband filed the I-129F to bring me on a K-1 visa he named my child on that form, so would he need to file that form again?

Issue #1: K-4 is issued as a derivative of a K-3 visa holder. There is no K-3 visa holder here.

Issue #2: K-3/K-4 is obsolete and almost never issued.

Edited November 28, 2017 by geowrian

[Unlockable 7,315]

6 minutes ago, Tcwolt said:

Yes you are right, I did not understand how any of this worked but I think I am beginning to understand.  So correct me if I'm wrong but since my child is the stepchild of a US citizen, basically all my husband needs to do is file a form I-130 and if I read this right we also file her form I-485 adjustment of status at the same time because she does not need to wait for a visa number to become available.  Correct?  Because it says that a visa number is not required if the child is under the age of 21.  Correct?  

You are talking about filing I-130 and I-485 concurrently. That is a whole 'nother scenario.

 

Stick to you husband filing the I-130.

[BuiQuang 95]

6 hours ago, Tcwolt said:

Yes you are right, I did not understand how any of this worked but I think I am beginning to understand.  So correct me if I'm wrong but since my child is the stepchild of a US citizen, basically all my husband needs to do is file a form I-130 and if I read this right we also file her form I-485 adjustment of status at the same time because she does not need to wait for a visa number to become available.  Correct?  Because it says that a visa number is not required if the child is under the age of 21.  Correct?  

not correct.  this is immigration fraud.  ur daughter can not file 485 cuz she not inside US.  illegal to come to US now to file 485.

 

stick with I-130 and consular process for IR2 in Canada.  (it's IR2, not CR2 since u will be married more than 2 years when she get visa)