I-130 for Step-child

[Willy Wilcox 38]

Hello everyone,

 

I have a couple of questions about how to go about filing for a step-child to come to the U.S.  My wife and other step-child received their green cards in September 2018 after having come in on K-1 and K-2 visas respectively.  In June 2020 we will start applying for their Removal of Conditions.  My wife has another son still in Colombia that we would like to bring here to the U.S. as well.  I'd like some advice or help as I'm a little confused on this process.  I will be filing the petition since I'm the U.S. citizen as it seems this is the "easier" or "fastest" way to go as I understand it.

 

The more useful resources I have found so far are the following:

 

https://www.uscis.gov/family/family-us-citizens/bringing-children-sons-and-daughters-live-united-states-permanent-residents

 

https://www.visajourney.com/wiki/ezguidespouse

 

Do I need to provide any evidence of me having a relationship with the child (15 year old) at this step or any further?  Him and I don't really have any kind of personal relationship.

 

I'm also a little confused about the steps after the I-130 is approved and it goes to the NVC.  What does this step entail?

 

Where can I find information about timelines and how long it is taking other U.S. citizens to get their stepchildren/family members to the U.S. from the beginning of this process?  I understand that since I'm the petitioner that his visa process isn't categorized (as it is with U.S. green card holders if I'm not mistaken).

 

Are there any other good resources for this process?

 

Any help is appreciated

 

Thanks!!

 

[portorusa 431]

You file I-130 for stepson with a certified copy of marriage certificate with child’s bio mother, also with proof of termination any prior marriages of both parties. Photocopy if child’s birth certificate with English translation and passport photos. No other proof of relationship between you and stepson is needed.

Make sure mother has the custody proof or permission papers from bio father.

I am a USC, applied for CR2 visa for my stepson who is in France. Petition was with Texas Center. Waited 8+ months to be approved. NOA2 of 7/9. Now at NVC stage, submitted all required docs online, am waiting for the docs to be reviewed. 

I would say that even if you are a USC, expect about 12-14 months for the whole process to bring him here.

Was the child included in mothers K-1 petition? Follow-to-join would be faster, IMHO.

[USS_Voyager 1,972]

22 minutes ago, Willy Wilcox said:

Do I need to provide any evidence of me having a relationship with the child (15 year old) at this step or any further? 

The primary evidence of relationship will be your marriage certificate with your wife and his birth certicate that lists your wife has his mother. That's all the evidence of relationship they'll need. This is not a K1 or CR1, you're not having a romantic relationship with him. 

 

24 minutes ago, Willy Wilcox said:

I'm also a little confused about the steps after the I-130 is approved and it goes to the NVC.  What does this step entail?

Unlike the K-1 process that you did, for this, when the I-130 goes to the NVC, you will be required to submit more documents and pay some fees. Then, the NVC will schedule the interview for him and forward the petition to the Embassy. See here: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/after-petition-approved/begin-nat-visa-center.html

Also here: https://www.visajourney.com/wiki/lingche_nvc_shortcut/

 

 

26 minutes ago, Willy Wilcox said:

Where can I find information about timelines and how long it is taking other U.S. citizens to get their stepchildren/family members to the U.S. from the beginning of this process?  I understand that since I'm the petitioner that his visa process isn't categorized (as it is with U.S. green card holders if I'm not mistaken).

It will take about 12-16 months. 

I-130: 8-12 months

NVC: 3-4 months

Interview and land in US: 1-3 months

 

It's not that it isn't catagorized, it is immediate relatives of a US citizen, which there is no numerical limit on visa numers. 

[Willy Wilcox 38]

14 hours ago, portorusa said:

Was the child included in mothers K-1 petition? Follow-to-join would be faster, IMHO.

He was not included on the K-1 petition.  I'm assuming that excludes him from follow-to-join...?  I thought follow-to-join on a K-1 was only good for a year after the expiration of K-1...?

[Willy Wilcox 38]

15 hours ago, portorusa said:

Make sure mother has the custody proof or permission papers from bio father.

Is there anything specific for that (i.e. notarized letter) or is it country-based?

[portorusa 431]

I think it’s a country based. In France a free form of a letter with bio parent’s signature and a photocopy of ID is enough.

[portorusa 431]

8 hours ago, Willy Wilcox said:

He was not included on the K-1 petition.  I'm assuming that excludes him from follow-to-join...?  I thought follow-to-join on a K-1 was only good for a year after the expiration of K-1...?

That’s correct. Now it leaves you with an option of filing a I-130 for him for a CR-2/IR-2.