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Tom C

I'm applying for a CR-1, do I need to fill out an I-130 for wife's son also?

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Filed: IR-1/CR-1 Visa Country: China
Timeline

The instructions for the I-130 state, "If you are a U.S. citizen you must file a separate Form I-130 for each eligible relative." But there is no mention on the form about step-son. Should I fill out an I-130 and check the block for "Child" and then check "No" for "Are you related by adoption?" I have not adopted my wife's son yet. He is 4 years old.

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Yes your step-son will also need his own I-130, documents and fees.

He will need:

$420 fee payment

1-130

Copy of marriage certificate

Copy of his birth certificate

Copy of any final divorce decrees


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Filed: IR-1/CR-1 Visa Country: China
Timeline

Section A.1. states, "I am filing this petition for my: Spouse Parent Brother/Sister Child" Should I check "Child" since there is no option for step-child even though he is not my child?

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Filed: Lift. Cond. (apr) Country: China
Timeline

By Immigrations Law, (the INA) he is considered your "child for immigrations purposes", since you married before he became 18. (yes, check "child")

玉林,桂 resident
Feb 23, 2005 ........ Mailed I-129F to TSC . . . . . . . . .March 8th ............. P1 from CSC
April 11 ................. P2 from CSC . . . . . . . . . . . . . . . . .April 25 ................ NVC sends packet to GUZ
June 22 ................ P3 received . . . . . . . . . . . . . . . . . .Nov 22 ................. PASSED Interview
Dec 2 ................... Made it! . . . . . . . . . . . . . . . . . . . . .Dec 16 .................. Married
May 23, 2006 ..... TDL, EAD, AP received. . . . . . . . . June 16, 2006 ........ AOS interview - wait for FBI bkgrnd check
Apr 19, 2007 .... EAD # 2. . . . . . . . . . . . . . . . . . . . . . Oct 7, 2008 ......... 10-year green card
- - - - - - - - - - - - - - - - - - - - - - - - - - K2 (son) - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dec 2 ..................... AOS/EAD filed . . . . . . . . . . . . . .Dec 17 ................... 21st birthday
Jan 4, 2007 .......... transferred to CSC . . . . . . . . . . . Feb 6, 2007 ............ transferred to MSC
Feb 23 .................... EAD card . . . . . . . . . . . . . . . . . . .Apr 16 .................... AOS denied (over 21)
Jul 26 .................... Master Calendar hearing . . . . . . Nov 15 ...................... Removal hearing
Jan 29, 2008 ........ Voluntary departure

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Filed: IR-1/CR-1 Visa Country: China
Timeline

I'm applying for a CR-1, do I need to fill out an I-130 for wife's son also?

Yes.

step-son will be considered CR-2 or IR-2 visa designation, based on length of marriage by interview day.

There's other stuff to do , but I think you'll get a quick and easy handle on it, for the I-130 stuff on the child.

Go Get Em, and Good Luck !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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