I-130 for a stepchild - need answers ASAP

[Girl777 2]

Hi

 

we are filling  I-130 application next week and look for feedback ASAP. My husband is US citizen, I am Canadian moving to US and I have a child  under 18 y.o who is not biological child of my husband. Is my child considered step child to my husband  according to I-130 application? This is how I understand it. Seems my husband has to file a separate I-130 for my child then, is it right? If so, I could not figure out what exact documents are required for my child, if passport photos are needed and if same documents ( court permissions for the child, affidavits from relatives and friends etc) are needed to be included into my child's application same as in mine? Also wonder if in immigration services they match these two applications  somehow if those are two separate forms? Does anyone know how does it work on the other side?

 

Also, can someone give opinion on whether better to file online or by mail. All our documents are originals with signatures and stamps, so we are thinking of going with mail, but wonder what other people think from their experiences?

 

Any feedback and links to  back up answers to my questions will be highly appreciated ,

 

Thanks everyone!!!

[seekingthetruth 1,246]

 

If you look through my old posts, you might find some good information.  I also filed 1-130 for my step-daughter.  See below for some answers.

1 hour ago, Girl777 said:

Hi

 

we are filling  I-130 application next week and look for feedback ASAP. My husband is US citizen, I am Canadian moving to US and I have a child  under 18 y.o who is not biological child of my husband. Is my child considered step child to my husband  according to I-130 application? Yes This is how I understand it. Seems my husband has to file a separate I-130 for my child then, is it right? Yes If so, I could not figure out what exact documents are required for my child, if passport photos are needed and if same documents ( court permissions for the child, affidavits from relatives and friends etc) are needed to be included into my child's application same as in mine? For the child, your documents should help establish the stepfather / stepdaughter relationship.  Also wonder if in immigration services they match these two applications  somehow if those are two separate forms? Does anyone know how does it work on the other side?  Yes, they should keep them linked but you might have to remind them.

 

Also, can someone give opinion on whether better to file online or by mail. All our documents are originals with signatures and stamps, so we are thinking of going with mail, but wonder what other people think from their experiences?  I think online is better but others still like mail.  Not sure why.  Keep your originals.  Send copies.  You can show originals at the interview if requested.

 

Any feedback and links to  back up answers to my questions will be highly appreciated ,

 

Thanks everyone!!!

 

Here is a screenshot of the groups of items I submitted for my step-daughter.  Do you have sole custody of your child?  If not, you will need the permission of the father.

 

 

 

[Crazy Cat 41,811]

36 minutes ago, gsdc23 said:

So you’re in Canada and your USC husband will be petitioning for you while you wait in Canada correct? 
 

Edited incorrect information. Vj moderation. 

 

Also, I find online to be a lot easier. Easy to follow and they guide you with what they want uploaded. Please note that they only want copies of your original documents, not the actual originals so online works if you choose to go that route. You get an immediate Notice of action staying application was received with a priority day of the same day filed when you file online. Less paperwork and you get to download and save your application/submitted documents. 
 

I hope this helps. 

No!!!!!  This comment is inaccurate for the OP's case.  The US citizen petitioner MUST submit a separate I-130 for EACH immediate relative beneficiary.  These will be separate cases.   In addition, there are no DS-160s involved. 

Edited April 29, 2022 by milimelo
Edited out incorrect information

[Mimicherie 142]

2 minutes ago, Crazy Cat said:

No!!!!!  This comment is inaccurate.  This is inaccurate.  The US citizen petitioner MUST submit a separate I-130 for EACH beneficiary.    In addition, there are no DS-160s involved. 

My mistake. I’m thinking of the K1 way. I will edit my comment. 
 

or delete it if someone have permissions to do so cause I can’t. 

Edited April 29, 2022 by gsdc23

[Crazy Cat 41,811]

1 minute ago, gsdc23 said:

My mistake. I’m thinking of the K1 way. I will edit my comment. 

Yep.  K-1 operates as you stated.

[Mimicherie 142]

Please disregard my post as I am unable to delete or edit it. Follow @Crazy Cat advice.

[Girl777 2]

yes, I am certain it is a separate application for each, I wonder more about list of docs required for a child

[Crazy Cat 41,811]

10 hours ago, Girl777 said:

Also wonder if in immigration services they match these two applications  somehow if those are two separate forms? Does anyone know how does it work on the other side?

These are completely separate cases.  As such, they might go to different USCIS service centers.  Therefore, it will be important to link them at the NVC stage.  If one case reaches NVC first, then you can delay it at that point until the 2nd one reaches NVC.  Then contact NVC and the consulate and ask to schedule their interviews together.  

I think @seekingthetruth provided a pretty good list of documents categories to provide. 

Edited April 29, 2022 by Crazy Cat

[mam521 2,058]

We went through the process with myself and 2 kids.  @seekingthetruth gave solid answers. Separate petitions, redundant information right down to the I-864.  We did everything online so we could see it was there and when it was verified.  The kids' petitions were at a different service center to mine.  We called and asked them to link them and they did.  They remained linked when they were sent to NVC and we received interviews as a block for the 3 of us.  

 

My husband had participated in many school functions so we had photos with his visitor nametag with date to provide as evidence of his relationship with the kids in addition to other holidays and trips.  Annoyingly, we did get a RFE to upload our marriage certificate to each of the kids' petitions.  

 

Just keep in mind you either need sole custody or a notarized letter of permission from your daughter's father stating she is allowed to immigrate permanently to the US when you get to the interview stage.  My ex is still very much a part of the kids' lives but he and I don't have formal court documentation regarding custody, so he signed the letter of permission.  The CO asked for it and scanned it into the files at the interview.  

[top_secret 2,403]

Ours got linked kind of automatically.   At USCIS the i-130's were submitted separately online and in our case they were both approved the same day so they were obviously handled together even though we didn't request it. Others have seen different approval times though.  At NVC there is kind of affirmative proof the cases have been linked when the AOS fee shows as paid on both cases from only one payment.  If that detail didn't work out it would be time to call.  My wife and stepdaughters NVC timelines went differently but they pretty clearly delayed scheduling my wife's interview until her daughter got caught up and they were both scheduled together without us having to ask.

[pushbrk 12,870]

15 hours ago, Girl777 said:

yes, I am certain it is a separate application for each, I wonder more about list of docs required for a child

Good information here but the I-130 instructions (separate PDF you can download) tell you exactly what to do for the stepchild of a US citizen