When to submit the spouse/stepchild birth certificate

[fandshen 1]

Hi,

I'm submitting the I-130 for my wife. I'm in US and she is in China. I plan to include my stepson also.

When input the I-130 I don't see the direction to submit their birth certificates. When will the certificates be submitted? I guess not together with the I-130? But when?

 

Thank you so much!

[Lil bear 4,171]

43 minutes ago, fandshen said:

Hi,

I'm submitting the I-130 for my wife. I'm in US and she is in China. I plan to include my stepson also.

When input the I-130 I don't see the direction to submit their birth certificates. When will the certificates be submitted? I guess not together with the I-130? But when?

 

Thank you so much!

Spouse visa IR/Cr1 do not allow for dependents ( know in immigration terms as a ‘derivative’ )  You will need to file an I130 for him , in  order to  apply for an  IR2 for your stepson. This will establish your relationship to him .. and this must meet certain conditions “.. And will require his birth certificate among other documents.  

Edited 21 hours ago by Lil bear

[fandshen 1]

3 hours ago, Lil bear said:

Spouse visa IR/Cr1 do not allow for dependents ( know in immigration terms as a ‘derivative’ )  You will need to file an I130 for him , in  order to  apply for an  IR2 for your stepson. This will establish your relationship to him .. and this must meet certain conditions “.. And will require his birth certificate among other documents.  

Thank you Lil bear.

So to apply for the green card for the step child, he needs his own I-130? What I thought was the I-130 of his Mom can include him.

Then should we pay more money? Since 2 I-130 forms for 2 people, then the cost is double?

[fandshen 1]

And by the way, I'm not the citizen but a green card holder. I head for this kind of case, the I-130 for stepchild is not needed and is free. Maybe I'm wrong.

[OldUser 6,561]

11 minutes ago, fandshen said:

And by the way, I'm not the citizen but a green card holder. I head for this kind of case, the I-130 for stepchild is not needed and is free. Maybe I'm wrong.

No, you're right. But you posted in "Bringing Family Members of US citizens to America", so everybody assumed you were a citizen.

 

 

[fandshen 1]

16 minutes ago, OldUser said:

No, you're right. But you posted in "Bringing Family Members of US citizens to America", so everybody assumed you were a citizen.

 

 

I see. I'm sorry didn't realize that.

[powerpuff 6,643]

Thread moved from Bringing Family members of USCs forum to Bringing Family Members of Permanent Residents. A duplicate thread has also been removed since this thread is relocated to the correct section.

 

VJ Moderation 

[appleblossom 2,396]

8 hours ago, fandshen said:

Hi,

I'm submitting the I-130 for my wife. I'm in US and she is in China. I plan to include my stepson also.

When input the I-130 I don't see the direction to submit their birth certificates. When will the certificates be submitted? I guess not together with the I-130? But when?

 

Thank you so much!

 

You submit them at the NVC stage (a few years down the line, unless you are eligible for citizenship soon to speed things up) - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

Only you're required to submit your birth certificate for the I-130 (plus marriage cert etc). 

[Demise 1,271]

6 hours ago, fandshen said:

And by the way, I'm not the citizen but a green card holder. I head for this kind of case, the I-130 for stepchild is not needed and is free. Maybe I'm wrong.

Yeah in this case you can do a single I-130 (F2A category will allow your stepson to tag along as a derivative). Note that if you naturalize before they're in US, the spouse will get upgraded to IR and the stepson will fall off. So if you are planning to naturalize before they'd immigrate, it might be a better idea to just file an I-130 for each.

 

There's also some age considerations if the stepson was 18 or over at the time when you married or if you were to naturalize while he's over 21.

 

If you married while he's over 18 then there's no stepparent-stepchild relationship between you two, and he's only able to tag along on the F2A as a derivative. CSPA allows one to count the time the I-130 was pending against age of the child in question (e.g. if it's pending 3 years, the priority date has to become current before he turns 24).

 

Otherwise, if you naturalize while he's over 21 then as a F2A primary, he'd get downgraded to F1 because age at (step)parent's naturalization overwrites normal CSPA age. (As a derivative he'd just fall off regardless of age on account of wife being upgraded to IR which doesn't allow derivatives). If you naturalize while he's under 21, then he'd get upgraded to IR and would no longer be able to age out.

 

Hopefully he's like 10 and this isn't a concern but it's better to just give this information in the event that it is applicable.

 

Edited 11 hours ago by Demise

[fandshen 1]

Thank you all!!!