Tips on filing I-130 Spouse

[Prasad328 0]

Hello -

 

I am new here. I am a divorcee and my second marriage happened couple of months ago. Wife lives in India with her children. I have children from my first marriage as well.

 

After marriage, I had to return back to the US to join work. I am in the process of applying I-130 for my wife and the children. I would appreciate any of you could give me some tips before submitting the application. In addition, I have these questions:

 

1. Do I need to fill one I-130 application for my wife and her children, or separate applications for each?
2. Given the choice of adjustment of status or counselor processing, which one you suggest to choose?
3. Is cover letter necessary? Any template for the same?

 

Thank you

[Crazy Cat 41,814]

10 minutes ago, Prasad328 said:

Hello -

 

I am new here. I am a divorcee and my second marriage happened couple of months ago. Wife lives in India with her children. I have children from my first marriage as well.

 

After marriage, I had to return back to the US to join work. I am in the process of applying I-130 for my wife and the children. I would appreciate any of you could give me some tips before submitting the application. In addition, I have these questions:

 

1. Do I need to fill one I-130 application for my wife and her children, or separate applications for each?
2. Given the choice of adjustment of status or counselor processing, which one you suggest to choose?
3. Is cover letter necessary? Any template for the same?

 

Thank you

1.  If you are a US citizen, you will file an I-130 for each person.

2.  Adjustment of Status is not applicable since they are outside the US.

3.  Study the following guide:

 

Edited May 18 by Crazy Cat

[pushbrk 12,870]

3 hours ago, Crazy Cat said:

1.  If you are a US citizen, you will file an I-130 for each person.

2.  Adjustment of Status is not applicable since they are outside the US.

3.  Study the following guide:

 

Great advice.  Also become an A-Student of the I-130  instructions before completing the forms.  Same with any form.  Do not rely on tips, except this one.  "Do the homework" described in the previous sentence.  We'll be here to answer anything you don't understand.

[Prasad328 0]

Thanks for your replies. I have filled the application for my wife. Now I am now filling the form for my wife's child who was born to her and her previous deceased husband. Mother and child are in India. Please let me know if I am doing this right:

1. 'About You' section is about me, right, and not my spouse?
2. In the succeeding section it asks 'which best describes your relationship' I chose 'Child was born to parents who were married at the time of child's birth'.

Are my choices above correct?

[Crazy Cat 41,814]

3 minutes ago, Prasad328 said:

Thanks for your replies. I have filled the application for my wife. Now I am now filling the form for my wife's child who was born to her and her previous deceased husband. Mother and child are in India. Please let me know if I am doing this right:

1. 'About You' section is about me, right, and not my spouse?
2. In the succeeding section it asks 'which best describes your relationship' I chose 'Child was born to parents who were married at the time of child's birth'.

Are my choices above correct?

1.  Yes.  You are the petitioner.

2.  This is your step-child.

[Prasad328 0]

14 minutes ago, Crazy Cat said:

1.  Yes.  You are the petitioner.

2.  This is your step-child.

But nowhere in the form it gives the option to suggest I am applying for my step-child, so was confused. I guess the option I chose is the right one then

[Crazy Cat 41,814]

8 minutes ago, Prasad328 said:

But nowhere in the form it gives the option to suggest I am applying for my step-child, so was confused. I guess the option I chose is the right one then

Edited May 19 by Crazy Cat

[pushbrk 12,870]

22 minutes ago, Prasad328 said:

But nowhere in the form it gives the option to suggest I am applying for my step-child, so was confused. I guess the option I chose is the right one then

No.  The box just below the one you mentioned is for stepchild.  Check that one.  Include supporting documents listed in the I-130 instructions for each relative.  Required documents are different for the child than your spouse.  Adding that each package must be able to stand alone. For example your marriage certificate will be in both stacks/packages.  Mail both stacks in the same envelope.

Edited May 19 by pushbrk

[Prasad328 0]

Thanks, I do not know how I missed the step child option. I found it now

 

One of her children turned 18 just before our marriage. Do I need to fill an I-130 for this child? If not, which other form should I be filling?

[pushbrk 12,870]

1 hour ago, Prasad328 said:

Thanks, I do not know how I missed the step child option. I found it now

 

One of her children turned 18 just before our marriage. Do I need to fill an I-130 for this child? If not, which other form should I be filling?

I hate being the bearer of bad news, but any child already 18 when you married their parent, has no immigration path through the marriage.  To qualify for a step child visa, they must be under 18 when the marriage occurs.

When their parent becomes a US Citizen, they can start a process for their adult child but that will take a long time.  Anything else you dream up to try will not work.

Edited May 19 by pushbrk

[Family 3,988]

2 hours ago, Prasad328 said:

Thanks, I do not know how I missed the step child option. I found it now

 

One of her children turned 18 just before our marriage. Do I need to fill an I-130 for this child? If not, which other form should I be filling?

Nothing you can file for the 18 year old…he is not coming . Mom can file an I-130 after she enters the US as an LPR. It will be an F-2 B category and take a very long time .

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-june-2024.html

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