Filing I-130 for spouse and stepchildren

[dapacoba 0]

I am an American citizen and will be getting married to an Ecuadorean citizen on January 31st. I plan to file for her and her two children (17 and 15 years old). I am wondering first if it is feasible to file without using an immigration lawyer and second if I file the I-130s together, I am wondering if the children would necessarily have to travel to the US with their mother or if they can follow her shortly after she comes as we would like to get a bit settled before bringing them over and would like for the younger one to graduate from high school before coming to live here. I appreciate any advice on how to go about the process. Thank you.

[OldUser 7,285]

5 minutes ago, dapacoba said:

I am wondering first if it is feasible to file without using an immigration lawyer

Yes, it's possible to do yourself

5 minutes ago, dapacoba said:

if I file the I-130s together, I am wondering if the children would necessarily have to travel to the US with their mother or if they can follow her shortly after she comes as we would like to get a bit settled before bringing them over and would like for the younger one to graduate from high school before coming to live here. I appreciate any advice on how to go about the process. Thank you.

There is no "together". Each is a separate petition and can take different time to get approved.

[OldUser 7,285]

6 minutes ago, dapacoba said:

I am an American citizen and will be getting married to an Ecuadorean citizen on January 31st. I plan to file for her and her two children (17 and 15 years old). I am wondering first if it is feasible to file without using an immigration lawyer and second if I file the I-130s together, I am wondering if the children would necessarily have to travel to the US with their mother or if they can follow her shortly after she comes as we would like to get a bit settled before bringing them over and would like for the younger one to graduate from high school before coming to live here. I appreciate any advice on how to go about the process. Thank you.

How would kids come being underage? Would Ecuador allow them to leave the country as minors? Did their biological father give permission for them to move?

[pushbrk 13,058]

12 minutes ago, OldUser said:

How would kids come being underage? Would Ecuador allow them to leave the country as minors? Did their biological father give permission for them to move?

Good questions.  She will either need permission from the father for them to immigrate or court ordered full custody.

 

To be clear, usually three family members petitioned at the same time, do go through the process together.  The issue about coming together or not is governed by the fact the visas are only usable during the six months following the medical exam.  If you mean a couple months after mom arrives, no problem.  Both or you or just mom can go get them, if you don't want them to travel as unaccompanied minors.

 

If you plan to do it yourself, start by clicking on the word Guides at the top of any page here.  Study, then become an A-Student of the I-130 and it's separate instructions.

[dapacoba 0]

13 minutes ago, OldUser said:

Yes, it's possible to do yourself

There is no "together". Each is a separate petition and can take different time to get approved.

I understand that I have to file separate petitions but I would file them at the same time right? My question is what would the process look like as in would they each be approved separately as well? And how long after approval would they have to travel?

Also the first child would be 18 years old and they would hopefully have approval from the father and if not, would we be able to wait for the second child to reach 18 years of age?

[OldUser 7,285]

5 minutes ago, pushbrk said:

To be clear, usually three family members petitioned at the same time, do go through the process together.

They why so many stories of parents petitioned "together", mother approved, father still waiting?

Edited 12 hours ago by OldUser

[dapacoba 0]

2 minutes ago, pushbrk said:

Good questions.  She will either need permission from the father for them to immigrate or court ordered full custody.

 

To be clear, usually three family members petitioned at the same time, do go through the process together.  The issue about coming together or not is governed by the fact the visas are only usable during the six months following the medical exam.  If you mean a couple months after mom arrives, no problem.  Both or you or just mom can go get them, if you don't want them to travel as unaccompanied minors.

 

If you plan to do it yourself, start by clicking on the word Guides at the top of any page here.  Study, then become an A-Student of the I-130 and it's separate instructions.

Thank you this is exactly what I was looking for. I definitely plan on studying as much as possible. The only problem really is the second child not graduating until next year and how to go about that or if there is a way to once the process advances if there's a way to delay it if she is approved but still hasn't graduated.

[pushbrk 13,058]

5 minutes ago, dapacoba said:

Thank you this is exactly what I was looking for. I definitely plan on studying as much as possible. The only problem really is the second child not graduating until next year and how to go about that or if there is a way to once the process advances if there's a way to delay it if she is approved but still hasn't graduated.

As you do your homework, you will become aware this process takes about two years before visa issue.  Sort out the permission issues before you start, not after.

[pushbrk 13,058]

22 minutes ago, OldUser said:

They why so many stories of parents petitioned "together", mother approved, father still waiting?

I don't know. The context here is spouse and stepchildren.

[appleblossom 2,942]

30 minutes ago, dapacoba said:

The only problem really is the second child not graduating until next year and how to go about that or if there is a way to once the process advances if there's a way to delay it if she is approved but still hasn't graduated.

If she’s graduating next year and you haven’t even started the process yet, then that is unlikely to be an issue - as said above the whole process takes 2 years as a (very) rough guide. 

Edited 11 hours ago by appleblossom

[pushbrk 13,058]

26 minutes ago, pushbrk said:

As you do your homework, you will become aware this process takes about two years before visa issue.  Sort out the permission issues before you start, not after.

I really should advise to sort out the permission issues before you marry.

 

[appleblossom 2,942]

9 hours ago, pushbrk said:

I really should advise to sort out the permission issues before you marry.

 

What age is permission no longer needed? If the OP’s youngest is 15 now then they could be 18 by the time they get a visa, or close to it (and could then delay things a bit if needed). Or is permission still needed up to 21?