Adding dependant child to I-130 at Packet 3 Stage

[Created 6]

Hi, just wanted to check this out London members.........

An immigration lawyer in London told me that a dependant child under the age of 18 can be added to the

I-130 visa process when the London consulate issues packet 3, if they are listed in Q17 of the I-130 Petition. She said that she never files separate petitions for dependants under the age of 18, until they enter the US.

Has anyone actually done this?

[Euro 3]

Hi, just wanted to check this out London members.........

An immigration lawyer in London told me that a dependant child under the age of 18 can be added to the

I-130 visa process when the London consulate issues packet 3, if they are listed in Q17 of the I-130 Petition. She said that she never files separate petitions for dependants under the age of 18, until they enter the US.

Has anyone actually done this?

Hm Your child needs a seperate I-130 she/he cant be added to yours, but can only come to the US through your K3 as a K2,not your I-130, you will already of added your child to your I-130 but this give the child no rights to enter the US on your approved CR1 visa!

Your lawyer said a pack 3 for I-130??, cos there is no pack 3 for the I-130 the only pack you recieve from the Embassy in London for I-130 (CR1/IR1) is interview letter / medical info( pack 4)

I hope this is helpful info

my opinion would be to either wait for K3/K2 but be aware that this time last year that was taking 7 months to approval @USCIS, and seems to be sloing down again, or you can get your husband to file a I-130 for your child and wait for approval of that!! CSC seem to of realy speeded things up!!

I Hope every thing works out for you

Good Luck

Amanda

Edited April 12, 2006 by euro

[Euro 3]

Hi, just wanted to check this out London members.........

An immigration lawyer in London told me that a dependant child under the age of 18 can be added to the

I-130 visa process when the London consulate issues packet 3, if they are listed in Q17 of the I-130 Petition. She said that she never files separate petitions for dependants under the age of 18, until they enter the US.

Has anyone actually done this?

Hm Your child needs a seperate I-130 she/he cant be added to yours, but can only come to the US through your K3 as a K2,not your I-130, you will already of added your child to your I-130 but this give the child no rights to enter the US on your approved CR1 visa!

Your lawyer said a pack 3 for I-130??, cos there is no pack 3 for the I-130 the only pack you recieve from the Embassy in London for I-130 (CR1/IR1) is interview letter / medical info( pack 4)

I hope this is helpful info

my opinion would be to either wait for K3/K2 but be aware that this time last year that was taking 7 months to approval @USCIS, and seems to be sloing down again, or you can get your husband to file a I-130 for your child and wait for approval of that!! CSC seem to of realy speeded things up!!

I Hope every thing works out for you

Good Luck

Amanda

0ops i meant to say K4 visa not K2 sorry

To qualify for the K-3 or K-4 visa, the applicant must be a beneficiary of an immigrant visa petition, Form I-130. While there is no requirement that a separate I-130 be filed on behalf of the child, such action would be prudent and beneficial to the child as the U.S. citizen will be required to file an I-130 at a later date in order for the child to adjust status to that of Lawful Permanent Resident.

In order to active the processing of the K-3 or K-4 visa, the U.S. citizen must file a petition, Form I-129F petition with the United States Citizenship and Immigration Services (USCIS). There is no requirement that an I-129F be filed on behalf of the child as he or she will automatically derive status from the petition.

Edited April 12, 2006 by euro

[aussiewench 9]

In addition to what euro has posted......

From FAQ

10.3)...When starting the K3/K4 process, must I submit an I-130 for our children when I submit the I-130 for my spouse?

A..It is not required to send an I-130 petition for the children when you first submit the I-130 for your spouse as part of the K3/K4 process. However, it is highly advisable to do so, in order to avoid complications and delays during the Adjustment of Status process. The children will not be able to complete the Adjustment of Status without an I-130 petition being approved.

Keep in mind also that you might opt for Consular processing of the immigrant visa. If separate I-130 petitions have not been submitted on behalf of the children, this option is not available to them.

Also...

Does a Child Have Derivative Status?

No. A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent’s F2 petition. A child is not included in his/her parent's IR petition.

http://travel.state.gov/visa/immigrants/types/types_1315.html#11b

[Created 6]

In addition to what euro has posted......

From FAQ

10.3)...When starting the K3/K4 process, must I submit an I-130 for our children when I submit the I-130 for my spouse?

A..It is not required to send an I-130 petition for the children when you first submit the I-130 for your spouse as part of the K3/K4 process. However, it is highly advisable to do so, in order to avoid complications and delays during the Adjustment of Status process. The children will not be able to complete the Adjustment of Status without an I-130 petition being approved.

Keep in mind also that you might opt for Consular processing of the immigrant visa. If separate I-130 petitions have not been submitted on behalf of the children, this option is not available to them.

Does a Child Have Derivative Status?

No. A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent’s F2 petition. A child is not included in his/her parent's IR petition.

http://travel.state.gov/visa/immigrants/types/types_1315.html#11b

Thank you guys for this. You know we read all this stuff and then someone comes along and says "sure you can do this instead" they give you hope that it can be fixed, but really you know what the process is, because you've researched it a thousand times. It is comforting to know that people on here know their stuff.

Anyway............I'm sure you've seen my husband's post.......WE ARE APPROVED on the I-129f! so all the stress about the I-130 for our child is over. We do however, have the papers prepared to file at AOS stage.

Thank you for your guidance and support.

[Euro 3]

Thats great news.................