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Posted

Hello;

 

I am filing a concurrent I130 & I485 to bring my wife's two children over. (I am the stepfather I am a US citizen by birth) 

My wife has a green card.

 

I have a few questions.

 

1.) 4 passport photos for each minor child age 12 and 11.  Do I also need 2 photos, 4 photos, or zero photos of myself the sponsor/petitioner? 

2.) Any benefit in filing a I-765? 

3.) I receive SSDI. (NOT SSI)  A stepchild can receive benefits off of my record.  I know this is not a means tested benefit, but could it impact their ability to become US citizens later?

4.) I don't have their passports yet.  It will be about a month before they will be ready. I would like to file both applications before the February 24th date.  What would your guess be if I were to mail these applications without a copy of the passport on February 23rd?

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

What is the significance of the 24th Feb?

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)

Presumably the new public charge rules,. and new form to go with the I-864.

 

36 minutes ago, AviationBlvd said:

I am filing a concurrent I130 & I485 to bring my wife's two children over. (I am the stepfather I am a US citizen by birth) 

Bring them over...? I-485 means they are within the US at this time. Can you explain?

Also, wouldn't they have needed passports to come to the US already?

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

They are not in the US which is why I am filing a petition to bring them here.  

 

I was just wondering if a request for evidence would be the most likely outcome of filing a I-485 without a copy of government ID as it would not be fun to lose over $3,000.

I do have a copy of their elementary school ID...

 

 

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

I 485 only applies if they are adjusting.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
14 minutes ago, AviationBlvd said:

They are not in the US which is why I am filing a petition to bring them here.  

Then no I-485. That's only for people within the US.

They will need an immigrant visa. This starts with the I-130 packet for each.

The public charge rule changes for Feb. 24th don't impact visas.

 

14 minutes ago, AviationBlvd said:

I was just wondering if a request for evidence would be the most likely outcome of filing a I-485 without a copy of government ID as it would not be fun to lose over $3,000.

I do have a copy of their elementary school ID...

No government IDs are needed for an I-130.

 

Now that I know you're not filing an I-485, here are the responses to your questions:

1) No photos needed from the beneficairies with the I-130 since they are abroad. Only the passport style photo from the petitioner is needed.

2) Does not apply since there is no I-485.

3) Public charge criteria: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2. Should not impact them.

4) No need for a passport at the time of petitioning. Feb. 24th date has no bearing on them.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted (edited)
4 minutes ago, AviationBlvd said:

Appreciate you answering my questions.

 

So for the I-130 which I have 2 of...

 

I only need 2 Passport pictures of myself ONE for each I-130?

One I-130 for each, correct.

 

Check the I-130 instructions. I didn't think any photos were needed for child petitions - only spousal ones. See pages 7-8 specifically.

Edit: Sorry if the prior comment was confusing as it only said no photos of the beneficiary being needed. I was defaulting to spousal petitions in my head as I typed.

https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

Quote

Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child’s natural parent showing that the marriage occurred before the child turned 18 years of age, copies of documents showing that any prior marriages were legally terminated (if applicable), and a copy of the stepchild’s birth certificate.

Guide:

 

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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