I-130 for each? (split)

[Mdvivori 42]

I am deeply concerned after reading the replies to this.  I’m a US Citizen, born in the USA.  I am living in the Philippines now for three years, 31 months with my Filipina wife who I married on July 10, 2020.  She has 2 children, ages 6 & 8.  We plan to go to the States when approved.
 

I filed One I-130 and one I-130A on June 30, 2021 which was Approved on May 13, 2022.  We paid the NVC fees on May 17, 2022, the same day we received the notification from the NVC.  My Wife then completed her DS-260 and I completed my I-864 showing a family of 4 and listing my wife and 2 children and we uploaded them on June 10, 2022.  Their current Status is Submitted.  
 

My concern is in a response to another question it stated that “An I-130 for each child (my step children) and separate fee must be filed for each child.  As I stated above I only filed one I-130 and one I-130A listing my wife’s 2 children (my step children) in every space asked. 
 

if I was supposed to file 3 forms, one for each, what do I do know since my I-130/I-130A are already approved???  Thanks in advance for your help.  

[Lil bear 4,329]

42 minutes ago, Mdvivori said:

 

 

I am deeply concerned after reading the replies to this.  I’m a US Citizen, born in the USA.  I am living in the Philippines now for three years, 31 months with my Filipina wife who I married on July 10, 2020.  She has 2 children, ages 6 & 8.  We plan to go to the States when approved.
 

I filed One I-130 and one I-130A on June 30, 2021 which was Approved on May 13, 2022.  We paid the NVC fees on May 17, 2022, the same day we received the notification from the NVC.  My Wife then completed her DS-260 and I completed my I-864 showing a family of 4 and listing my wife and 2 children and we uploaded them on June 10, 2022.  Their current Status is Submitted.  
 

My concern is in a response to another question it stated that “An I-130 for each child (my step children) and separate fee must be filed for each child.  As I stated above I only filed one I-130 and one I-130A listing my wife’s 2 children (my step children) in every space asked. 
 

if I was supposed to file 3 forms, one for each, what do I do know since my I-130/I-130A are already approved???  Thanks in advance for your help.  

 

•  

Each of your step children must have a separate visa petition  in order to immigrate. The USC spouse visa  does not allow “derivatives”.. accompanying family members.. as some other visas do. File an I130 immediately for each child. Once your wife's I 130 is approved and heads to the NVC for the immigrant visa documentation etc.. you can take your time submitting her documents and wait for the childrens petitions to catch up. Then ask the NVC to link all petitions together and they should all be processed as a bundle .. independent but together 

[Ontarkie 14,499]

~~Hijack post split off to it's own thread, and a duplicate removed. Please do not post questions for your own case in other member's threads.~~

Edited June 25, 2022 by Ontarkie

[pushbrk 13,117]

3 hours ago, Lil bear said:

Each of your step children must have a separate visa petition  in order to immigrate. The USC spouse visa  does not allow “derivatives”.. accompanying family members.. as some other visas do. File an I130 immediately for each child. Once your wife's I 130 is approved and heads to the NVC for the immigrant visa documentation etc.. you can take your time submitting her documents and wait for the childrens petitions to catch up. Then ask the NVC to link all petitions together and they should all be processed as a bundle .. independent but together 

This is the correct answer.  These issues are why I'm constantly advising people to become A Students of the actual form instructions.  The I-130 instructions are clear as to each step child of a US Citizen needing their own petition.  Neglecting to study the instructions will likely delay your family's immigration plans about a year.  

 

Make sure you do not go a full year without taking some sort of action with NVC.  This will keep the spouse case active while the kids catch up.

 

Alternatively, you CAN go ahead with the spouse and leave the kids behind while their process catches up.  This is a "possibility" you may well want to reject, but it IS one of your options at this point.

[Mdvivori 42]

On 6/26/2022 at 4:24 AM, Ontarkie said:

~~Hijack post split off to it's own thread, and a duplicate removed. Please do not post questions for your own case in other member's threads.~~

First I apologize for Dbl Posting and for “Hijacking” another Members Question.  I’m obviously new and trying to figure out how to use.  I endeavor to do better.  Thank you.