I130 Follow To Join

[Asking1 0]

14 minutes ago, appleblossom said:

 

You said in your first post their petitions (I-130's) had been approved? So why would you need to file another one? Nobody has suggested she enters the US and then files the I-485, that would be immigration fraud. 

 

She has to apply for the visa in her home country via consular processing. Once she has that, she would enter the US and become a green card holder. She can then petition for her child, that will take several years (how long will depend on which country she's from - see @Crazy Cat

Thank you.  Your post tells me that there is no need to adjust status.  The green card is given at the same time as the visa. I am not an expert but I would think if she arrived with green card in hand I would not apply for the I485 and pay fees.  I just didn't know that happened.  My wife(fiance at the time) had to apply for the I485 once she arrived here.  Again thanks for clarifying that part "once she has that she will enter the US and become a green card holder."

 

The I130 is for the baby.  Sorry if it has a different name and that is not the correct form.

[appleblossom 2,446]

8 minutes ago, Asking1 said:

Thank you.  Your post tells me that there is no need to adjust status.  The green card is given at the same time as the visa. I am not an expert but I would think if she arrived with green card in hand I would not apply for the I485 and pay fees.  I just didn't know that happened.  My wife(fiance at the time) had to apply for the I485 once she arrived here.  Again thanks for clarifying that part "once she has that she will enter the US and become a green card holder."

 

The I130 is for the baby.  Sorry if it has a different name and that is not the correct form.

 

Ah, ok. Yes, no need to adjust status, she'll be a legal permanent resident ('green card holder') as soon as she arrives in the US on her visa. But she won't arrive with 'green card in hand' as she won't get that until after she enters the US. 

 

It might be worth reading up on the whole process on the DoS website which sets it out step by step so you can understand what both of your stepchildren need to do next (and what, in time, your stepdaughter will need to do for her child) - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html If their petitions (I-130's) have been approved, they're now at step 2.

 

Good luck. 

 

[SalishSea 17,801]

8 hours ago, appleblossom said:

 

I think the OP was suggesting adopting the baby as well - no idea if that's feasible or not though. 

Adopting to circumvent immigration laws screams of fraud to me….

[Crazy Cat 41,812]

2 hours ago, Asking1 said:

The I130 is for the baby. 

We still don't know where the DIL and child live or what citizenship they hold....

[Boiler 45,445]

One of those classic VJ Guessing Game threads.

 

Anyway I will add my guess that the now spouse came on a K1 some years ago hence the FTJ reference and that has now gone away.

 

We still do not what if anything has been filed for the Children. And by whom.

 

[SalishSea 17,801]

3 hours ago, Asking1 said:

Thank you.  Your post tells me that there is no need to adjust status.  The green card is given at the same time as the visa. I am not an expert but I would think if she arrived with green card in hand I would not apply for the I485 and pay fees.  I just didn't know that happened.  My wife(fiance at the time) had to apply for the I485 once she arrived here.  Again thanks for clarifying that part "once she has that she will enter the US and become a green card holder."

 

The I130 is for the baby.  Sorry if it has a different name and that is not the correct form.

What do you mean “the I-130 is for the baby”?  
 

 

[jan22 3,049]

14 hours ago, SalishSea said:

What do you mean “the I-130 is for the baby”?  
 

 

I think this summarizes things for the OP:

• The two stepdaughters with approved I-130s finish the process and are issued immigrant visas.
• They enter the US — without the baby — and they become green card holders,  i.e., LPRs.  (Note: The green card processing fee must be paid to USCIS before the card is actually produced, but they will be in LPR status from the minute they are admitted to the US.)
• The baby’s mother can immediately (even the same day!) file an I-130 for the baby.
• While the I-130 is being processed and the wait for a visa number occurs, the baby remains in the home country.  (Note:  The baby’s mother can apply for a re-entry permit after entering the US to return to care for the baby, if she wants to.  The re-entry permit is for situations when an LPR wants to protect their green card status but must spend significant time outside the US.  It will allow an LPR to be outside the US for up two years without risking the loss of their LPR status.  It can usually be renewed for an additional two years, if needed.)
• Once a visa number is available — assuming there is already an approved I-130 by then — the immigrant visa process is completed for the baby.
• The baby enters the US with the immigrant visa and becomes an LPR.

 

Edited August 2 by jan22