I-130 for Stepchild

[MoniqueDB 19]

My husband's greencard application was approved earlier this week.  I would now like to start the petition for his 5 year old son.  The child does not have a passport.  I read somewhere that the passport is not necessary until the NVC stage.  Is that true?  Or do we need to have his passport in order to file the I-130?  Any info you can offer would be helpful.  Thanks so much!

[SteveInBostonI130 3,432]

What greencard application?

 

EDIT:  From your timeline it seems your spouse received his CR1 visa 

 

The beneficiary's passport is not required when submitting the I-130, unless the beneficiary is in the US.

Edited April 28, 2023 by SteveInBostonI130

[MoniqueDB 19]

Yes CR1 visa, my apologies.  He will receive his greencard when he enters.  I misspoke.  

[Crazy Cat 41,808]

28 minutes ago, MoniqueDB said:

Yes CR1 visa, my apologies.  He will receive his greencard when he enters.  I misspoke.  

Was there a reason you did not apply for both of them?

Edited April 28, 2023 by Crazy Cat

[MoniqueDB 19]

Our lawyer said that they had to be done in two separate applications and that it was better to wait until the first one was approved.  I did not realize that I could sponsor the child alone .  I was under the impression if we did not do the applications together initially we would have to wait for my husband to arrive, receive his greencard and then petition his son himself.  I just discovered today that I can actually petition for the child now before his dad arrives in the US.  His dad should be coming over next month and we would like to get a headstart.  

[powerpuff 6,677]

14 minutes ago, MoniqueDB said:

Our lawyer said that they had to be done in two separate applications and that it was better to wait until the first one was approved.  I did not realize that I could sponsor the child alone .  I was under the impression if we did not do the applications together initially we would have to wait for my husband to arrive, receive his greencard and then petition his son himself.  I just discovered today that I can actually petition for the child now before his dad arrives in the US.  His dad should be coming over next month and we would like to get a headstart.  

Very poor advice from your attorney. 

[pushbrk 12,868]

1 hour ago, powerpuff said:

Very poor advice from your attorney. 

Agreed.  Note that permission from the other parent is required.  Has that already been secured?  Not needed until the interview, but you should have that sorted out before starting the child's process.

[MoniqueDB 19]

16 minutes ago, pushbrk said:

Agreed.  Note that permission from the other parent is required.  Has that already been secured?  Not needed until the interview, but you should have that sorted out before starting the child's process.

My husband lives in Antigua which is an island country.  He shares the child with is ex-wife.  In their divorce agreement the court granted permission for the child to travel internationally as that is the only way he can travel.  They are required to work together to make any provisions necessary to secure the child's passport and freely allow travel.  Neither can refuse to sign the necessary passport paperwork or stand in the way of travel.  They share custody with liberal visitation.  My husband has summer and winter holiday vacation.  

Edited April 28, 2023 by MoniqueDB

[pushbrk 12,868]

1 minute ago, MoniqueDB said:

My husband lives in Antigua which is an island country.  He shares the child with is ex-wife.  In their divorce agreement the court granted permission for the child to travel internationally as that is the only way he can travel.  They are required to work together to make any provisions necessary to secure the child's passport and freely allow travel.  Neither can refuse to sign the necessary passport paperwork or stand in the way of travel.  They share custody with liberal visitation.  My husband has summer and winter holiday vacation.  

In my opinion, that is not sufficient.  If a US visa is needed for the mother to travel to the USA, and she cannot get one, her permission could mean she may never see her son again.  Permission must be for the child to permanently reside in the USA.  If the mother will agree to that, it needs to be in a separate document from the divorce decree.

[SalishSea 17,801]

14 minutes ago, MoniqueDB said:

My husband lives in Antigua which is an island country.  He shares the child with is ex-wife.  In their divorce agreement the court granted permission for the child to travel internationally as that is the only way he can travel.  They are required to work together to make any provisions necessary to secure the child's passport and freely allow travel.  Neither can refuse to sign the necessary passport paperwork or stand in the way of travel.  They share custody with liberal visitation.  My husband has summer and winter holiday vacation.  

You are talking about travel, not immigration.  Those are two very different things in terms of family court.  

 

Unless your husband can demonstrate that the mother allows the child to move to the US permanently (full-time), I don't see an immigrant visa being approved.  

 

In many divorce settlements for which children are involved, one parent cannot move the child to another school district without the other's consent, let alone to another country.

[MoniqueDB 19]

Understood.  There are some other complicated custody issues that necessitate a filing for full custody.  The child is unsafe with the mother per multiple social services and police reports.  We are hopeful that with a court order granting full custody (and permission to leave the country) the mother's consent will not be required.  We expect the custody issue to be sorted out prior to NVC.  We may have to push my husband's entry for the entirety of the 6 month window to get things sorted out.  I don't expect that the mother will give permission willingly.  If not, I expect we would have to seek a visitor's visa only.  We're just trying to figure out what the best /permissible route is and what the requirements are for each (I-130 vs. Visitor's visa). If the visitor's visa would even be an option or would it be denied because the father has a green card.  Immigration is so complicated!

[pushbrk 12,868]

Just now, MoniqueDB said:

Understood.  There are some other complicated custody issues that necessitate a filing for full custody.  The child is unsafe with the mother per multiple social services and police reports.  We are hopeful that with a court order granting full custody (and permission to leave the country) the mother's consent will not be required.  We expect the custody issue to be sorted out prior to NVC.  We may have to push my husband's entry for the entirety of the 6 month window to get things sorted out.  I don't expect that the mother will give permission willingly.  If not, I expect we would have to seek a visitor's visa only.  We're just trying to figure out what the best /permissible route is and what the requirements are for each (I-130 vs. Visitor's visa). If the visitor's visa would even be an option or would it be denied because the father has a green card.  Immigration is so complicated!

Child is unlikely to get a visitor visa to the USA, when the father is immigrating or has immigrated.  Court ordered full custody is going to be needed.  Who will the child stay with once the father enters the USA without him?

 

[MoniqueDB 19]

2 minutes ago, SalishSea said:

You are talking about travel, not immigration.  Those are two very different things in terms of family court.  

 

Unless your husband can demonstrate that the mother allows the child to move to the US permanently (full-time), I don't see an immigrant visa being approved.  

 

In many divorce settlements for which children are involved, one parent cannot move the child to another school district without the other's consent, let alone to another country.

I understand.  Perhaps I am using the language loosely.  We have been working with an Antiguan attorney, local police and local social services who have determined that the mother is unfit.  All are aware that the father's CR1 visa has been approved.  The lawyer has explained that there is a very good chance that the father will be granted full custody and permission to remove the child from the country because the mom is unfit.  If that is not the case we would seek only a visitor's visa.  According to the lawyer, if the mother loses custody, the decision is no longer hers to make.  

[MoniqueDB 19]

1 minute ago, pushbrk said:

Child is unlikely to get a visitor visa to the USA, when the father is immigrating or has immigrated.  Court ordered full custody is going to be needed.  Who will the child stay with once the father enters the USA without him?

 

That's what I was assuming.  The child will stay with the paternal aunt while the petition is processing.  The father is also prepared to travel back and forth as necessary once he has his green card in hand.  

[MoniqueDB 19]

However, a potential green card may be enticing to the mother so she may be willing to sign the child over.  Which is really sad.