Do we need to file a separate I- 130 for my stepson?

[Caresse33 87]

I filed a I-130 for my wife in 2017 as green card holder including my stepson in the form. In August 2019, I have upgraded my I-130 to US Citizen and got approved in September 2019. Do I need now to file a separate I-130 for my stepson? I am worried this would delay my wife I-130 form. Could we just apply for adjustments of status when my stepson come instead in order not to delay my wife form? Please could anyone provide accurate advice on this, much appreciated. Thank you

[geowrian 22,338]

You need an I-130 for the stepson now that you are a USC and the petition was upgraded. You can delay at NVC if needed.

 

He cannot use a tourist visa (or student visa?) as a means to immigrate. That would be fraud to enter with intent to adjust status.

[aaron2020 11,651]

You will need to file a separate I-130 for your stepson.  Include a photocopy of your wife's NOA2 and ask for the case to be expedited.

 

There is no legal way around this.   There is nothing that would allow your stepson to immigrate to the US and adjust status.  

 

You can either choose to delay your wife's case so her son can immigrate with her, or she can choose to immigrate without him and wait for him to get an immigration visa to join her.  Those are the only two legal choices that are available.  

 

 

 

 

[Caresse33 87]

3 minutes ago, geowrian said:

You need an I-130 for the stepson now that you are a USC and the petition was upgraded. You can delay at NVC if needed.

 

He cannot use a tourist visa (or student visa?) as a means to immigrate. That would be fraud to enter with intent to adjust status.

I thought it’s only considered fraud when you enter illegally. My stepson is british citizen and he is a visa waiver. Visa waiver can enter legally and apply for adjustments of status. Is this correct?

[aaron2020 11,651]

1 minute ago, Caresse33 said:

I thought it’s only considered fraud when you enter illegally. My stepson is british citizen and he is a visa waiver. Visa waiver can enter legally and apply for adjustments of status. Is this correct?

The VWP requires him to not have immigrant intent.  It's immigration fraud for him to use the VWP to enter with the intent to immigrate.  This is NOT A LEGAL OPTION FOR YOU.

[geowrian 22,338]

4 minutes ago, Caresse33 said:

I thought it’s only considered fraud when you enter illegally. My stepson is british citizen and he is a visa waiver. Visa waiver can enter legally and apply for adjustments of status. Is this correct?

Nope, it applies to every entry. Illegal entry is a much different offense.

[payxibka 10,047]

If such was allowed then why do immigrant Visas even exist?

[Caresse33 87]

14 minutes ago, payxibka said:

If such was allowed then why do immigrant Visas even exist?

Thank you for advice, we will file for another I-130

 

[Caresse33 87]

27 minutes ago, geowrian said:

You need an I-130 for the stepson now that you are a USC and the petition was upgraded. You can delay at NVC if needed.

 

He cannot use a tourist visa (or student visa?) as a means to immigrate. That would be fraud to enter with intent to adjust status.

Thank we will file another form

24 minutes ago, aaron2020 said:

You will need to file a separate I-130 for your stepson.  Include a photocopy of your wife's NOA2 and ask for the case to be expedited.

 

There is no legal way around this.   There is nothing that would allow your stepson to immigrate to the US and adjust status.  

 

You can either choose to delay your wife's case so her son can immigrate with her, or she can choose to immigrate without him and wait for him to get an immigration visa to join her.  Those are the only two legal choices that are available.  

 

 

 

 

Thank you Aaron

[Caresse33 87]

1 hour ago, aaron2020 said:

The VWP requires him to not have immigrant intent.  It's immigration fraud for him to use the VWP to enter with the intent to immigrate.  This is NOT A LEGAL OPTION FOR YOU.

We called the USCIS and  an officer just advised us that we do need to file a separate I-130 that my stepson will be automatically added to my wife form. Is this correct? As I dont seem to see anything of the sort on travelstate.gov?

[Boiler 46,013]

Not added, maybe linked, they are 2 different applications.

[Caresse33 87]

3 minutes ago, Boiler said:

Not added, maybe linked, they are 2 different applications.

So they will create a different application for my stepdon?

[Boiler 46,013]

Once you file yes

[Caresse33 87]

Just now, Boiler said:

Once you file yes

I am sorry i don’t understand, do you mean i need to file a separate form or uscis will create separate application for me instead?

[Boiler 46,013]

1 hour ago, Caresse33 said:

We called the USCIS and  an officer just advised us that we do need to file a separate I-130 that my stepson will be automatically added to my wife form. Is this correct? As I dont seem to see anything of the sort on travelstate.gov?

As you stated