I-130 questions (merged topics)

[David Holmes 13]

Hi, I married a Filipina - we'd been dating for two years and tied the knot in the Ph last month.
 

Now we're filling out our I-30. She has a child, but we're not sure if the child is going to come with her when she comes here (long story).

 

If we list the child in the I-30, does that affect the processing time of her overall residency visa?

If it wrong from a paperwork or accuracy perspective to not list the child?

 

[JFH 12,190]

You must list all children on the I-130, whether they are immigrating or not. If the child is immigrating, you will need a separate I-130, and have to pay a separate fee, for the child.

[rrobin0609 387]

I could be wrong, but I would say you should file the I-130 for child since you are not sure if they are coming or not. If the child doesn't come, cancel or let the visa expire. At least you'd have the proper visa and not have to wait longer if the child does end up immigrating with your wife.

[JFH 12,190]

It’s worth filing the I-130 for the child. An approved petition won’t expire. Then it can be resurrected as and when the child is ready to come. 

[David Holmes 13]

31 minutes ago, JFH said:

You must list all children on the I-130, whether they are immigrating or not. If the child is immigrating, you will need a separate I-130, and have to pay a separate fee, for the child.

Ah! This is the answer I was looking for. Thank you for the clarification!

[mytruelove18 608]

Someone maybe can clarify better, but i guess you can list the child on all the forms, and then at Nvc stage you can add the child and he can immigrate at the same time of mom or later.

[USS_Voyager 1,972]

33 minutes ago, mytruelove18 said:

Someone maybe can clarify better, but i guess you can list the child on all the forms, and then at Nvc stage you can add the child and he can immigrate at the same time of mom or later.

No. He must list the child on all the form, however, that does NOT mean he’s petitioning for the child. He needs to file a separate I-130 and pay a separate fee for the child as indicated.

[pushbrk 12,884]

1 hour ago, mytruelove18 said:

Someone maybe can clarify better, but i guess you can list the child on all the forms, and then at Nvc stage you can add the child and he can immigrate at the same time of mom or later.

Questions on forms are just questions and must be answered if applicable.  List the child if there is a child.  No, you cannot add the child at the NVC stage.

[HRQX 4,145]

20 hours ago, mytruelove18 said:

Someone maybe can clarify better, but i guess you can list the child on all the forms, and then at Nvc stage you can add the child and he can immigrate at the same time of mom or later.

That is for K-2 children. It's very different for the IR-2/CR-2 process.

[HRQX 4,145]

21 hours ago, JFH said:

It’s worth filing the I-130 for the child. An approved petition won’t expire.

Yup.

@David Holmes: When the petition reaches NVC, just contact NVC every 12 months. That avoids it being sent to NRC, where the I-130 is subject to being destroyed. Plus the child's age is frozen at the I-130 filing date per INA 201(f)(1): https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1151&num=0&edition=prelim#0-0-0-1437 "Age on petition filing date"

The child must still remain unmarried: https://www.uscis.gov/greencard/child-status-protection-act "CSPA for Immediate Relatives" tab

[Southern_Belle07 146]

23 hours ago, JFH said:

You must list all children on the I-130, whether they are immigrating or not. If the child is immigrating, you will need a separate I-130, and have to pay a separate fee, for the child.

USC must be the one filing, is that correct? Is there a need to attached affidavit of support in this I-130? Child is not in United States yet. How much would be the fee?

[HRQX 4,145]

5 minutes ago, Southern_Belle07 said:

USC must be the one filing

Yes

6 minutes ago, Southern_Belle07 said:

Is there a need to attached affidavit of support in this I-130?

Not at the filing stage for consular processing. It's sent in later at the NVC stage.

7 minutes ago, Southern_Belle07 said:

How much would be the fee?

$535 for the I-130 petition. There are more fees later as the case progresses; i.e. NVC, USCIS Immigrant Fee, etc.

[David Holmes 13]

Hi it's me again with what I hope is an easy question.

 

Filling out the I-30 for me and my new Filipina wife (we've been dating for 2 years).  

 

How many affadavits should I submit to prove the bonafides of the marriage?

 

We had a wedding and reception in June, and there were 50 people in attendance. All my family was there, and have met her many times previously.

 

We had two official witnesses on her side, but also her sister and a bunch of friends.

 

So we have many people to choose from - how many affidavits should we prepare?

[payxibka 10,045]

Just now, David Holmes said:

Hi it's me again with what I hope is an easy question.

 

Filling out the I-30 for me and my new Filipina wife (we've been dating for 2 years).  

 

How many affadavits should I submit to prove the bonafides of the marriage?

 

We had a wedding and reception in June, and there were 50 people in attendance. All my family was there, and have met her many times previously.

 

We had two official witnesses on her side, but also her sister and a bunch of friends.

 

So we have many people to choose from - how many affidavits should we prepare?

None 

[LilyJ 1,258]

Agreed, none. Focus on time spent together instead, as well as financial ties if you have any. Pictures together, pictures of the wedding, boarding tickets, passport stamps, etc. Affidavits are worthless compared to evidence of time spent together.