Bringing step children to USA

[BaldwinSean 0]

I am in the process of submitting an I-130 for my wife’s children with her as the petitioner. 12 year old boy & 10 year old girl! Their mother arrived December 7th, 2018 on a CR-1 VISA. So I have been through the process with her! I will sponsor them with a I-864. When I fill out the I-130 it states under the Instructions for the I-130 under “Who May File Form I-130?“ ,

2. If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for:
A. Your spouse;
B. Your unmarried child under 21 years of age; and
C. Your unmarried son or daughter 21 years of age or older.

NOTE:

5. If you are the lawful permanent resident petitioner and the beneficiary qualifies under Items 2.A., 2.B., or 2.C. above, you are not required to file separate petitions for the beneficiary’s unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition.

So my understanding is I can put my stepson down as a beneficiary under Part 4, then copy the Part 4 and add in my step daughter so I will have two Part 4’s within my I-130. I work for the Federal Government and understand the importance of crossing your “t’s” & dotting your “i’s. Am I correct in my assessment? The cost would be $535 total for both children.

Also, I have read that it is quicker if I were to be the Petitioner. Is this true? I’m helping my wife with this process to learn to be independent!

 

[aaron2020 11,651]

No, you are not correct in your assessment.  Each child needs his/her own I-130.  You can not sponsor both children with one I-130.  It's $535 for each child on separate I-130s.

Furthermore, it's best if you as the USC stepfather files for both children as the petitioner.  Cases filed by you would be considered Immediate Relative cases and take about 12-18 months for visas.  If your LPR wife files as the petitioner, it could take over 2 years.  

Edited September 8, 2019 by aaron2020

[Lil bear 4,313]

13 minutes ago, BaldwinSean said:

I am in the process of submitting an I-130 for my wife’s children with her as the petitioner. 12 year old boy & 10 year old girl! Their mother arrived December 7th, 2018 on a CR-1 VISA. So I have been through the process with her! I will sponsor them with a I-864. When I fill out the I-130 it states under the Instructions for the I-130 under “Who May File Form I-130?“ ,

2. If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for:
A. Your spouse;
B. Your unmarried child under 21 years of age; and
C. Your unmarried son or daughter 21 years of age or older.

NOTE:

5. If you are the lawful permanent resident petitioner and the beneficiary qualifies under Items 2.A., 2.B., or 2.C. above, you are not required to file separate petitions for the beneficiary’s unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition.

So my understanding is I can put my stepson down as a beneficiary under Part 4, then copy the Part 4 and add in my step daughter so I will have two Part 4’s within my I-130. I work for the Federal Government and understand the importance of crossing your “t’s” & dotting your “i’s. Am I correct in my assessment? The cost would be $535 total for both children.

Also, I have read that it is quicker if I were to be the Petitioner. Is this true? I’m helping my wife with this process to learn to be independent!

 

If your wife petitions for them their visa is numerically limited so they are not immediately available .. but if you , as USC, petition for them as step children , they fall under the IR2 category and a visa is available immediately after the I130

processing ., just like the CR1. 

 

You need a separate I 130 for each IR2 as there are no derivatives allowed in the category. I  assuming the children were listed on your wife’s DS260, and that permission for them to immigrate is not an issue 

Edited September 8, 2019 by Lil bear

[Crazy Cat 42,209]

Deleted........

Edited September 8, 2019 by missileman

[rm love dc 10]

2 separate form I-130 for my 2 kids, 15 and 17. Paid $535 for each. They received my case last Friday, 9/6 with a case numbers that start IOE. Hopefully it will be a little quicker to process since I am already a US Citizen. 

 

Good luck!