Questions about I-130 & D-260

[Cookie88 88]

Hi,

 

I am a british citizen who is living in Pakistan. I have two children from a previous marriage (also british citizens living with me). I got married again this year to a US citizen.

 

Do we need separate I-130 forms for me and the kids (I am getting mix info online - some say no they are derivative beneficiaries as they are under 18 and some say they do need it?!)

 

Secondly, after the I-130 process is complete and approved, what is the next step towards getting our Green Card so we can finally move to the US. I thought it was the I-485 but from what I've been reading since we are applying from outside the US it's the D-260? I know for sure that the D-260 will be filed separately for myself and the children, but what happens when the D-260 is approved? Do they give the green card here to travel with? A paper that allows us to travel and we collect green cards from there? I am confused.

[Crazy Cat 41,836]

There are no derivatives for immediate relatives of US citizens.  That includes spouses and children.  The US citizen must complete a separate I-130 for each immediate relative.   The next step after I-130s are approved is the NVC step where DS-260s and other documents will be submitted.  Upon entry into the US with valid visas, the Green Cards will be automatically issued.  The I-485 is not applicable in your cases.

Edited July 24, 2023 by Crazy Cat

[JeanneAdil 6,491]

after all  the ds 260's  r DQ by NVC ,  u will have an interview in country of residence

the CO is the one  who approves a visa application and issues or denys a visa

 

the mixup for diveratives is 

USC has to submit  I 130 for spouse and 1 for all children

a LPR submits just for wife /kids are derivatives 

[Mike E 11,739]

39 minutes ago, JeanneAdil said:

the mixup for diveratives is 

USC has to submit  I 130 for spouse and 1 for all children

1 I-130 for each child.

39 minutes ago, JeanneAdil said:

a LPR submits just for wife /kids are derivatives 

Which is dangerous because F2A has a 9 year wait now, and usually before the 9 years the LPR petitioner becomes a citizen. After that no more derivatives. So for that and several other reasons,  I-130 should always be filed for each child.

 

 

Edited July 24, 2023 by Mike E

[Crazy Cat 41,836]

27 minutes ago, Mike E said:

So for that and several other reasons,  I-130 should always be filed for each child.

Hmmmm.  That is an excellent point....I've never thought about using that pro-active action.   Thanks, @Mike E

[JeanneAdil 6,491]

33 minutes ago, Mike E said:

1 I-130 for each child.

Which is dangerous because F2A has a 9 year wait now, and usually before the 9 years the LPR petitioner becomes a citizen. After that no more derivatives. So for that and several other reasons,  I-130 should always be filed for each child.

 

 

Totally agree

but i would change many things if i could like filing the same I 130 to AOS and immigrate from overseas /form is confusing to many and they put a local office for immigrant and then the extra cost for the I 824 to change it

 

But i think immigration likes these extra fees 

 

Have fun guys/  i am headed to PT

Edited July 24, 2023 by JeanneAdil

[Cookie88 88]

Thank you guys for taking out the time to clarify! So since my husband is a US citizen, we need separate I-130's for all of us. 

 

If there's any tips on supporting evidence for the kids I-130's that would be helpful. And what type of Affidavits would they need? I know for mine it's to support that our relationship seems legitimate, but what is the type of messaging I should be conveying regarding the kids applications? 

 

And do I fill out I-130a's for the children too? Am I supposed to select somewhere that I am filling it in for them (as they are only 4 and 7 years old)?

Edited July 24, 2023 by Cookie88

[Mike E 11,739]

1 hour ago, Cookie88 said:

 

 

If there's any tips on supporting evidence for the kids I-130's that would be helpful. And what type of Affidavits would they need? I know for mine it's to support that our relationship seems legitimate, but what is the type of messaging I should be conveying regarding the kids applications?

All you need is evidence you married their parent before they reached age 18 and that they qualify as children of a U.S. citizen.    So for each child’s I-130:

 

* your U.S. birth certificate

* your marriage certificate to their parent

* child’s birth certificate

* if your spouse was previously married at the time the child was born:

- marriage certificate to previous spouse

- divorce decree, annulment decree, or death certificate as appropriate

* birth certificate of your spouse

 

You can include of copy of your spouse’s I-130 in the event the ISO wants to consider bonafides of the marriage. 

1 hour ago, Cookie88 said:

 

And do I fill out I-130a's for the children too?

no

1 hour ago, Cookie88 said:

Am I supposed to select somewhere that I am filling it in for them (as they are only 4 and 7 years old)?

No.
 

I-130 is always filed by an adult petitioner on behalf of a beneficiary who is not the same person as the petitioner. IOW, even if they were age 18 or older, they could not file I-130. I-130 is family based, and so self petitioning is not an option.

 

Note that if you adopt them after they arrive in the U.S., they will immediately become U.S. citizens, and will bypass I-751.

[JeanneAdil 6,491]

court order or qualified document from the father allowing u to take the kids to the USA

At NVC stage each I 130 will require ds 260 and the I 864

and to pay the visa fee if approved

Edited July 24, 2023 by JeanneAdil

[pushbrk 12,876]

Note it is the foreign spouse asking these questions.  She will not be filing any petitions.  The US Citizen does that.  She will be providing information.  Who types it into the forms is irrelevant.  Only AFTER the I-130s are approved, will the foreign spouse and stepchildren apply for visas.

[Cookie88 88]

Yes Pushbrk, that is correct. I am the foreign spouse. Thank you all for the helpful insights and answers. For some reason the lawyer I have been in contact with seems inexperienced and given me the wrong information on a few things (especially about applying I-130's separately for the children). 

 

I will probably be back at some point with more questions! Thanks.

[Cookie88 88]

Ok, what is this page about? Are we supposed to upload all these things? Or just pick one? Please help!!!

 

 

Edited July 25, 2023 by Cookie88

[pushbrk 12,876]

Please, both you and the US Citizen need to start by becoming A-Students of the I-130 instructions.  Pay special attention to little words like "or".

[Chancy 6,241]

6 hours ago, Cookie88 said:

what is this page about? Are we supposed to upload all these things? Or just pick one?

 

As mentioned above, pay close attention to the form instructions.  That page starts with "If a required evidence is unavailable".  Are you not able to provide any of the required documents listed by @Mike E?  If you are able to provide all the required documentary evidence, then there is no need to provide any of the secondary evidence listed on the screenshot.

 

[Cookie88 88]

I uploaded everything Mikey listed. It's just that when I try to go on the next screen it gives me a warning that I should have uploaded some form of evidence on this page and that not doing so could cause delays in the application, which was throwing me off as though this is mandatory to upload additional evidence on this page.