Stepchildren: Some Questions & Answers

[KayaEel 5]

I appreciate having access to the valuable information available on the VJ website. Words cannot express how grateful I am to those who have come before us and shared their experiences. I am writing these questions and answers, because it seems like there is a lack of information specifically related to immigrating step-children on the VJ site. These questions only relate to an IR2/CR2 Visa case for a step-child under the age of 16 who was conceived in wedlock. If anyone has information on immigrating with step-children who were conceived outside of wedlock (DNA testing may be required), cases for step-children over 16 years old at the time of marriage to USC, or has anything to add, please feel free to include here in a reply. Due to a number of differences, information related to adopted children should be saved under a separate post or area on VJ. My hope is that this information helps others to bring their families back together just as soon as possible.

Some Questions & Answers related to Immigrating Step-Children

Q1. I am a USC/Legal Permanent Resident who just married someone from another country (Immigrating Spouse), and they have children from a previous marriage. These children were all under age 16 years when we got married. Can they immigrate with my spouse?

A1. Yes, as long as your spouse has full custody AND is allowed to take the children outside of their home country to live; OR the other biological parent is willing to write/sign a statement allowing the children to immigrate to the U.S. See question #6 below for more information on this, and see attached for a parental consent template.

Q2. Do I need to file more than one I-130 Petition for Alien Relative? If so, do I need to pay more than one petition fee (currently $355)?

A2. Yes, you need to file a separate I-130 Petition for your spouse, and another one for each child. A separate fee (currently $355) is due for each I-130 Petition filed.

Q3. My step-children are minors. Who signs their G-325A Biographic Information and DS-230 Application for Immigrant Visa?

A3. According to NVC operators, their immigrating biological parent (spouse of the USC) can sign the USCIS and NVC forms for their children.

Q4. At the NVC stage, do I need to make separate AOS and IV payments for my spouse and each immigrating child?

A4. Since you will be filing I-864s Affidavits of Support for related cases, the NVC only requires one AOS payment (currently $70). However, you will need to make separate IV payments (currently $400 each) for your spouse and each immigrating child, and complete a separate DS-230 Application for each individual.

Q5. When completing the DS-230 Application, the instructions say to include an Original Marriage Certificate. Do I need to include two original marriage certificates, i.e. one with my spouses DS-230 Application and another one with my childs DS-230 Application?

A5. No, an Original Marriage Certificate is only required with your spouses DS-230 Application.

Q6. The NVC is asking for custody documentation with the DS-230 Application. Since my spouse does not have sole custody with the ability to take the child outside of the country, do we need to get a statement showing parental consent from my spouses ex, the other biological parent of my step-child? If so, what needs to be included in a declaration like this?

A6. This parental consent statement is like a spousal affidavit, including personally identifiable information about the person making the statement, as well as, the beneficiaries (and how they are related to the person making the statement) and the petitioner. It should also be notarized/authenticated, i.e. signed in the presence of a notary or other authorized official. One statement can cover multiple children, and it should include an affirmation authorizing the children to travel outside of their home country, immigrate to the U.S., and that the contents included are true. It should also be broad in scope and long-term for multiple entries and exits. Please refer to the laws of the applicable country to determine other items that may be needed upon departure from the home country, i.e. documentation at the airport. One last suggestion is to get multiple originals signed and notarized. Please see attached for a sample affidavit from the non-immigrating biological parent (input your own information where the font is blue in color).

Q7. When mailing petitions, applications, and other packets of information for related cases to the USCIS or NVC, do I need to send everything together in one package or in separate packages?

A7. It is best to send petitions, applications, and other items for related cases together in one package, especially if the relatives will be traveling together. This will ensure that the cases are processed simultaneously. Inside the package being sent, information can be segregated and held together using a separate binder clip for each individuals items with the applicable barcoded document cover sheet included on top for each specific case.

Q8. When traveling to the U.S. for the first time since the VISA was issued, do my spouse and step-children need to enter the U.S. at the same time?

A8. No, the step-children can follow your spouse, and enter the U.S. at a later date. However, you may want to make this decision early, because you will need to answer a question about this on the DS-230 Application. Also keep in mind that the issued VISAs are only good for a certain time period, and this may increase travel costs for your spouse to return to their home country to get their children, so that they are not alone while traveling and at the POE.

Now, for the Disclaimer: Information is provided for your convenience only. I cannot guarantee the accuracy of this information since I am not an attorney and although I went to great lengths to make sure the information is accurate, I recommend that you consult an attorney if you want professional assurance that the information, and your interpretation of it, is appropriate to your particular situation.

Sample Affidavit from Biological Parent.doc

Edited May 28, 2010 by KayaEel

[Gary and Alla 3,694]

USCIS and DOS have no regulations regarding whether a child was conceived within wedlock or not. That may be a Honduran law that the US consulate in Honduras complies with.

The regulation for children of a CR-1/K-3/K-4 is that the parent relationship (marriage to the parent) must occur before the child's 18th birthday. There are no other qualifications other than the child be the child of the spouse and therefore the step-child of the petitioner. It does not matter if the child was adopted.

IF the children of your SO are over age 18, then cosnider the K-1/K-2 route which allows children to receive a visa until age 21 if they are unmarried. Be advised, they must also file for AOS before their 21st birthday, so it is a bit misleading to say they can get a visa until age 21...they can, but they cannot get AOS unless they are also under age 21.

Also a K-1/K-2 requires filing only ONE petition ($455) for the fiancee and all children under age 21. They will each have to pay the visa fee ($350 as of June 4) and the AOS fee, but there is a "discount" for K-2s under age 14, $600 each rather than $1010.

[NArocks 13]

As mentioned by Gary and Alla each country also has their own set of exit requirements for the children when they leave with only one parent. Does not matter that the US issued a visa they still need to check what the requirements are for their country of departure.

If you marry and the child of you spouse is already 18 before the marriage then the child needs to wait for the parent to become an LPR an apply for them. We had to do this with the last son he turned 18 28 days before we were married.

As far as the affidavit, the one I did for the NVC was short and sweet and stated I ( mohters name ) give permission for my som ( childs name ) to immigrate permantly to the US. I did one for each child and placed it with each RFE received.

[keshonok 0]

The instructions to the I-130 form don't say anything about the form G-325a for anyone other than the spouse. Why is it mentioned in Q3? You don't need it for the children.

You need to provide the original Marriage Certificate with each I-130 petition when you petition your spouse and stepchildren. Do you need to send them again at NVC stage? How many original Marriage Certificates you need then, in total? I am referring to Q5.

Also, if you were married previously, how many original Divorce Certificates you need to provide? What if I can't get them (I only have one), because I am in the US and the divorce was in the home country and you can only get another certificate in person?

Thanks.

[pushbrk 12,998]

The instructions to the I-130 form don't say anything about the form G-325a for anyone other than the spouse. Why is it mentioned in Q3? You don't need it for the children.

You need to provide the original Marriage Certificate with each I-130 petition when you petition your spouse and stepchildren. Do you need to send them again at NVC stage? How many original Marriage Certificates you need then, in total? I am referring to Q5.

Also, if you were married previously, how many original Divorce Certificates you need to provide? What if I can't get them (I only have one), because I am in the US and the divorce was in the home country and you can only get another certificate in person?

Thanks.

You'll only need one original marriage certificate and that's for the spouse at the NVC stage. All other marriage certificate needs are met with photocopies. Children don't need any G325a but when filing an I-130 for the child, you establish the relationship with the child's mother with a copy of your marriage certificate and the child's relationship to your wife and therefore their step child relationship to you with a combination of that marriage certificate and a copy of the child's birth certificate. Don't forget to include both. Typically, this is the table of contents in a step child's I-130 package.

- Photocopy of Petitioner’s Certified copy of Birth Certificate

- Copy of petitioner’s prior Divorce Decree(s) if any

- Photocopy of Marriage Certificate

- Photocopy of Beneficiary’s Birth Certificate

[KayaEel 5]

Thanks for the comments. I am still learning, so keep them coming.

[wilgrace 3]

I am preparing for my interview together with my kids petitioner stepchildren on June 2 ...i am really confused because we have different case number and seperated letter of appointment for interview do i need seperate files to each of us like supporting documents (example) for the I-864 and copy of taxes do i have to have 3 copies of that?...i appreciate any answer from you guys and thank you so much...

[pushbrk 12,998]

I am preparing for my interview together with my kids petitioner stepchildren on June 2 ...i am really confused because we have different case number and seperated letter of appointment for interview do i need seperate files to each of us like supporting documents (example) for the I-864 and copy of taxes do i have to have 3 copies of that?...i appreciate any answer from you guys and thank you so much...

The best policy would be to have an original of each I-864 and three sets of supporting documentation but they should actually have those originals in hand, unless you did electronic processing through Montreal or Guangzhou. Please update your profile, as there is no N/A visa.

[helpmelord 3]

The best policy would be to have an original of each I-864 and three sets of supporting documentation but they should actually have those originals in hand, unless you did electronic processing through Montreal or Guangzhou. Please update your profile, as there is no N/A visa.

So what if am here and my and adjusting my status and the kids are in another country who are 9 and 13 repectivly and my hubby send their i130 and received noa1 that they are in CA however he did not send the copies of all your above mention except for their BC what happens do i need to contact CA and submit them or wait until they send for them?

[NArocks 13]

pushbrk, on 30 May 2010 - 10:01 AM, said:

The best policy would be to have an original of each I-864 and three sets of supporting documentation but they should actually have those originals in hand, unless you did electronic processing through Montreal or Guangzhou. Please update your profile, as there is no N/A visa.

So what if am here and my and adjusting my status and the kids are in another country who are 9 and 13 repectivly and my hubby send their i130 and received noa1 that they are in CA however he did not send the copies of all your above mention except for their BC what happens do i need to contact CA and submit them or wait until they send for them?

The I-864 will be asked for from NVC and this is when you will send one for each child

Edited May 30, 2010 by NArocks

[Kazulie 132]

You'll only need one original marriage certificate and that's for the spouse at the NVC stage. All other marriage certificate needs are met with photocopies. Children don't need any G325a but when filing an I-130 for the child, you establish the relationship with the child's mother with a copy of your marriage certificate and the child's relationship to your wife and therefore their step child relationship to you with a combination of that marriage certificate and a copy of the child's birth certificate. Don't forget to include both. Typically, this is the table of contents in a step child's I-130 package.

- Photocopy of Petitioner’s Certified copy of Birth Certificate

- Copy of petitioner’s prior Divorce Decree(s) if any

- Photocopy of Marriage Certificate

- Photocopy of Beneficiary’s Birth Certificate

Should I also include the biological mother's letter to allow children to move to US in the I-130 package or wait until it is asked for?

[sdw 10]

They will ask for that at NVC stage.

They will ask for that at NVC stage.

[pushbrk 12,998]

They will ask for that at NVC stage.

They will ask for that at NVC stage.

Actually, it won't be asked for at NVC but it will be asked for at the Consulate interview.

[sdw 10]

I was asked for the permission letter at NVC for my kids.

[pushbrk 12,998]

I was asked for the permission letter at NVC for my kids.

That's unusual. Are you sure you were asked, or did you just send it without it being requested?