I-130 for stepchildren

[jlvr 1]

I'll be petitioning soon for my two stepchildren. I am the USC, my husband is LPR. Are the children considered immediate relatives or do they have to wait for a visa number?

When they arrive, are they permanent residents?

Which service center do I-130s go to? (Vermont, etc?) I remember when filing the I-129 there was a big wait difference between Vermont Service Center and Texas and I think California...

[NArocks 13]

If you as the USC are petioning them they are Immediate relative and will enter the US as GC holder, takes 9-12 months baring any FRE's

Also post in the Jamacia forum many memebr have been through this also.

From I-130 instructions

Where to File :

All petitioners filing stand-alone Form I-130 must submit their petitions to the Chicago Lockbox instead of a USCIS Service Center. Form I-130 petitions filed with the Chicago Lockbox will be routed to, and adjudicated at, the appropriate USCIS Service Center. This routing will be based on the petitioner’s place of residence in the United States.

Important: Any Form I-130 filed at an incorrect location will be rejected.

Petitioners who reside in AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MO, MS, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI, or WY must file their stand-alone Form I-130s with the Lockbox using the following address:

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

Petitioners who reside in AL, AR, CT, DE, FL, GA, KY, LA, ME, MD, MA, NH, NJ, NM, NY, NC, OK, PA, Puerto Rico, RI, SC, TN, TX, VT, VA, U.S. Virgin Islands, WV, or District of Columbia must file their stand-alone Form I-130 with the Lockbox using the following address:

USCIS

P.O. Box 804616

Chicago, IL 60680-4107

I-130

Did the marriage take Place before the children 18 birthday?

[aaron2020 11,651]

I'll be petitioning soon for my two stepchildren. I am the USC, my husband is LPR. Are the children considered immediate relatives or do they have to wait for a visa number?

When they arrive, are they permanent residents?

Which service center do I-130s go to? (Vermont, etc?) I remember when filing the I-129 there was a big wait difference between Vermont Service Center and Texas and I think California...

Did you married your husband before the childrens' 18th birthday?

How old are the children now?

Are either of them married?

[jlvr 1]

I'll be petitioning soon for my two stepchildren. I am the USC, my husband is LPR. Are the children considered immediate relatives or do they have to wait for a visa number?

When they arrive, are they permanent residents?

Which service center do I-130s go to? (Vermont, etc?) I remember when filing the I-129 there was a big wait difference between Vermont Service Center and Texas and I think California...

Did you married your husband before the childrens' 18th birthday?

How old are the children now?

Are either of them married?

Thanks for the responses. The children are both under 18. I guess the reason I was wondering about their residency status is because I was thinking of the process for my other two stepchildren. I had to file AOS for them, but they came on K2 visas.

[NArocks 13]

I'll be petitioning soon for my two stepchildren. I am the USC, my husband is LPR. Are the children considered immediate relatives or do they have to wait for a visa number?

When they arrive, are they permanent residents?

Which service center do I-130s go to? (Vermont, etc?) I remember when filing the I-129 there was a big wait difference between Vermont Service Center and Texas and I think California...

Did you married your husband before the childrens' 18th birthday?

How old are the children now?

Are either of them married?

Thanks for the responses. The children are both under 18. I guess the reason I was wondering about their residency status is because I was thinking of the process for my other two stepchildren. I had to file AOS for them, but they came on K2 visas.

Yeah differnt bal game this time arround

[aaron2020 11,651]

I'll be petitioning soon for my two stepchildren. I am the USC, my husband is LPR. Are the children considered immediate relatives or do they have to wait for a visa number?

When they arrive, are they permanent residents?

Which service center do I-130s go to? (Vermont, etc?) I remember when filing the I-129 there was a big wait difference between Vermont Service Center and Texas and I think California...

Did you married your husband before the childrens' 18th birthday?

How old are the children now?

Are either of them married?

Thanks for the responses. The children are both under 18. I guess the reason I was wondering about their residency status is because I was thinking of the process for my other two stepchildren. I had to file AOS for them, but they came on K2 visas.

Since the children are under 18, you will need to file form I-130 for each of them. The children would be Immediate Relatives and have visas immediately available to them. The process should take about 6-12 months to complete. Once the children arrive in the US with their immigration visas, they automatically become legal permanent residents.

These are the ways the children can obtain US citizenship. If Dad becomes a USC before his child's 18th birthday, that child would automatically become a US citizen also. A child can apply for citizenship after living in the US for 5 years as an LPR and is at least 18 years old. Alternatively, you can legally adopt the children and convey US citizenship to them, however, there are very strict guidelines for this path because not all adoptions are recognized by USCIS for immigration/citizenship purposes.

Edited August 6, 2009 by aaron2020