Apply for stepson and wife, or just wife? (I-130)

[JordanCosta 0]

Hi everyone, I'm a U.S. citizen, and I married a Vietnamese woman in Jan. 2020.  We are living together in Costa Rica.  She has a 9-year-old son who remains in Saigon with his grandparents.

 

We are planning to remain in Costa Rica until she gets a U.S. visa, and we will apply for a CR-1.  I have permanent residency in Costa Rica, and she has also applied for it, and should be approved by next spring.

 

We want to submit our I-130 soon.  I am wondering, should I also apply for her son at the same time?  So far, nothing has been submitted -- we are preparing paperwork.

 

If her son were to have an interview at the embassy in Saigon in the future, could he be accompanied by one of his grandparents?  And how good would his English need to be?

 

Assuming we remain in Costa Rica, would my wife have her interview at the embassy here in Costa Rica?

 

Also, does it make any difference whether her Costa Rica residency is approved before we submit the I-130 (or at least before the future steps of the visa process)?  Would the U.S. expect her to return to Vietnam at that time, and do her interview there?  Or would her residency in Costa Rica mean that she could do the interview here instead?

 

Would it make the process less complicated if we just submit the I-130 for my wife only, then wait until she gets her green card before we submit an application for her son?  It seems more complex because they are in separate countries, but if there's a way to submit for both of them together and make it work, that's what we would prefer...

 

Thanks!

Jordan

 

(No timeline as we have still submitted nothing yet.)

 

 

 

 

 

[milimelo 4,508]

Two individual I-130 needed. 

[Mike E 11,741]

Too many moving parts.  You should get her into the USA then start the process for her son.  

[JasonGG 280]

18 hours ago, JordanCosta said:

 

If her son were to have an interview at the embassy in Saigon in the future, could he be accompanied by one of his grandparents?  And how good would his English need to be?

 

 

Yes.  My wife's son (12 at the time) interviewed at the consulate in HCM City with a family friend.  No issues at all.  As long as your step son has the correct interview documents and ID and the person accompanying them has a valid ID, a family member or friend can attend the interview with him in place of his mother.  They'll only allow one grandparent to accompany him inside the consulate.  It is not a difficult interview for minors.  Mostly just exchange greetings, a little small talk, and exchange of paperwork. 

 

Interview in HCM City is conducted with an American CO and an interpreter, so the interview can be conducted in English or Vietnamese.  Just make sure he understands the paperwork he is carrying so he can provide it when asked.

 

Best of Luck - Jason