IR-1 Questions

[Tarisus517 2]

Hi guys. I am trying to file IR-1 for spouse and stepdaughter in China. I am a US Citizen. Marriage is less than 2 years old. I have been reading the guide for I-130 but unsure of some things.

 

1. I saw that there’s option to file online? What is the difference between filing online and sending everything in?

 

2. Cover letter. Is an explanation of what I am petitioning including all the important names as well as table of contents for everything enough? Do I need to number the pages?

 

3. I have a passport which can be copied for proof of citizenship but I don’t remember if I was given a naturalization document back in 2018. What can I do?

 

4. Right now I have our marriage translated and in the process of trying to get birth certificate translated and sent to me. Also translation of previous divorce for my wife. What else do I need from her end? 
 

Do I have to send any document in original form in or can they all be copies? With the exception of my Check of course.

 

 

Please let me know if I miss anything, I am going off of this list. 
 

https://www.visajourney.com/guides/ir1-spouse-visa/

 

Edited March 28, 2023 by Tarisus517

[Verrou 1,962]

23 minutes ago, Tarisus517 said:

Hi guys. I am trying to file IR-1 for spouse and stepdaughter in China. I am a US Citizen. Marriage is less than 2 years old. I have been reading the guide for I-130 but unsure of some things.

 

1. I saw that there’s option to file online? What is the difference between filing online and sending everything in?

 

2. Cover letter. Is an explanation of what I am petitioning including all the important names as well as table of contents for everything enough? Do I need to number the pages?

 

3. I have a passport which can be copied for proof of citizenship but I don’t remember if I was given a naturalization document back in 2018. What can I do?

 

4. Right now I have our marriage translated and in the process of trying to get birth certificate translated and sent to me. Also translation of previous divorce for my wife. What else do I need from her end? 
 

Do I have to send any document in original form in or can they all be copies? With the exception of my Check of course.

 

 

Please let me know if I miss anything, I am going off of this list. 
 

https://www.visajourney.com/guides/ir1-spouse-visa/

 

1. yes i-130 u can file it online. no difference paper and online. with paper u can make a copy before u send, just in case u need to double check in the future. 

2. yes thats correct. u can use A, B, C as tab index too. 

3. u can use passport, but in the future along the way there's possibility they might as ur naturalization certificate. just FYI. when and how did u become US Citizen and how old are u when u become US citizen?

4. never send any original doc ever. only copy. wife has custody on her child? might need that judge/court rule on that

Edited March 28, 2023 by Misscloud

[Tarisus517 2]

24 minutes ago, Misscloud said:

1. yes i-130 u can file it online. no difference paper and online. with paper u can make a copy before u send, just in case u need to double check in the future. 

2. yes thats correct. u can use A, B, C as tab index too. 

3. u can use passport, but in the future along the way there's possibility they might as ur naturalization certificate. just FYI. when and how did u become US Citizen and how old are u when u become US citizen?

4. never send any original doc ever. only copy. wife has custody on her child? might need that judge/court rule on that

3. I had my green card for over 10 years and it expired so I took the test and received citizenship. I was 28 or so when I became a citizen and this was back in 2018. 
4. wife doesn’t have custody, we just found this out. Can that be transfer right now? We got married in 2021, October 12th. And the kids are under 18.

[Verrou 1,962]

1 minute ago, Tarisus517 said:

3. I had my green card for over 10 years and it expired so I took the test and received citizenship. I was 28 or so when I became a citizen and this was back in 2018. 
4. wife doesn’t have custody, we just found this out. Can that be transfer right now? We got married in 2021, October 12th. And the kids are under 18.

3. u might or might not requested to produce naturalization certificate in the future. depend on the officer who adjudicate.

4. wife will need it ( the custody). what do you mean by transfer? i think if u saying can she file for custody, yes she should do it now. i dont know how long its gonna be in china. usually IR1 for child is more or less 12 months processing time for the officer to review. 

[Tarisus517 2]

15 minutes ago, Misscloud said:

3. u might or might not requested to produce naturalization certificate in the future. depend on the officer who adjudicate.

4. wife will need it ( the custody). what do you mean by transfer? i think if u saying can she file for custody, yes she should do it now. i dont know how long its gonna be in china. usually IR1 for child is more or less 12 months processing time for the officer to review. 

4. Bio father has custody right now. But she lives with my wife. Also, there’s a book in China where the child is registered under her name. Do I need proof of custody of child under my wife too? I was told that both parents had to sign for kid to leave the country.

 

PS. There’s a poverty line if I need to make at least 23,000$ per year or have 69,000$ in savings. I do make more than 23,000$ but I owe some debt, does that debt matter? 

Edited March 28, 2023 by Tarisus517

[JeanneAdil 6,494]

Cover letter should be how u originally met and when u traveled 1st to meet in person

One page can cover what needs to be sent 

[pushbrk 12,877]

5 hours ago, Tarisus517 said:

3. I had my green card for over 10 years and it expired so I took the test and received citizenship. I was 28 or so when I became a citizen and this was back in 2018. 
4. wife doesn’t have custody, we just found this out. Can that be transfer right now? We got married in 2021, October 12th. And the kids are under 18.

Then you were given a Naturalization Certificate.  If it's lost, just say so.

 

To bring step children, either full custody or other parent's permission is required per international child trafficking laws.  Go to court or get permission.

[Tarisus517 2]

1 hour ago, pushbrk said:

Then you were given a Naturalization Certificate.  If it's lost, just say so.

 

To bring step children, either full custody or other parent's permission is required per international child trafficking laws.  Go to court or get permission.

I was able to find my Certificate from USCIS for becoming a citizen. Do I need any sort of proof that child is under my wife’s custody to file for I-130? Or doe’s custody part only required during leaving the other country.

[SteveInBostonI130 3,434]

7 minutes ago, Tarisus517 said:

I was able to find my Certificate from USCIS for becoming a citizen. Do I need any sort of proof that child is under my wife’s custody to file for I-130? Or doe’s custody part only required during leaving the other country.

Stepdaughter will need it for her interview.

 

Also, file two I-130's, one for your wife, one for your stepdaughter.

[pushbrk 12,877]

1 hour ago, SteveInBostonI130 said:

Stepdaughter will need it for her interview.

 

Also, file two I-130's, one for your wife, one for your stepdaughter.

This is correct, but it would be good to have a frank discussion about the permission or custody before filing.  I doubt the mother will be willing to come to the USA without her child.  You don't have to resolve it before filing, but you should have a workable plan first.

[Tarisus517 2]

On 3/28/2023 at 10:06 PM, pushbrk said:

This is correct, but it would be good to have a frank discussion about the permission or custody before filing.  I doubt the mother will be willing to come to the USA without her child.  You don't have to resolve it before filing, but you should have a workable plan first.

Is it possible to file separately? File for my wife first, then file for my step daughter later? 

[pushbrk 12,877]

24 minutes ago, Tarisus517 said:

Is it possible to file separately? File for my wife first, then file for my step daughter later? 

Of course, it's possible.  Whether it is practical or not depends on a lot of things though.  First, your marriage must be before the daughter is 18.  Then, separate processes at different times, will mean the daughter will be left behind for some period of time.

[Tarisus517 2]

9 minutes ago, pushbrk said:

Of course, it's possible.  Whether it is practical or not depends on a lot of things though.  First, your marriage must be before the daughter is 18.  Then, separate processes at different times, will mean the daughter will be left behind for some period of time.

She’s only 14 when we got married. So she’s far from 18, even as of now. 
 

what would happen if I file my wife first, then wait a month to file for my stepdaughter?

[powerpuff 6,697]

1 minute ago, Tarisus517 said:

what would happen if I file my wife first, then wait a month to file for my stepdaughter?

I don’t think makes a lot of sense. A month is practically nothing in immigration 

[pushbrk 12,877]

6 minutes ago, Tarisus517 said:

She’s only 14 when we got married. So she’s far from 18, even as of now. 
 

what would happen if I file my wife first, then wait a month to file for my stepdaughter?

Their cases would proceed separately.  Better to file together.   If that mean waiting a month for both, so be it.