VisaJourney.com > Bringing Step Child to US

Alex_F

Apr 2 2008, 06:38 AM

I have a quick question for you VJ experts. Thanks to all those that will reply.
Here is the situation a friend of mine (USC) has married her boyfriend (B2 visa-no overstay). They have not yet filed for AOS, can she apply for both his AOS and I130 for his daughter that lives in the Dominican Republic?
If for some reason I130 gets approved before AOS will this cause problems?
Also (I want to know I am curious!) has anyone filed for step child I130 before AOS marrying a B2 visa? ( that would be one interesting situation!)

Thanks,

Alex

NArocks

Apr 2 2008, 11:03 AM

They are seperate AOS for the spouse that is here and the I-130 for the step Child of the USC

We applied for all at the same time, My husband was an overstay. When we filed his AOS package we also filed the I-130 for his sons. He was approved before the sons. The case for the kids took about 11 months from start to finish for the boys. The I-130 for the step child is seperate from the AOS of the parent.
Remeber the other parent of the child has to give permission for the child to come to the states
Good Luck

See my time line for more info on my cases.

OOPs you have to be married in order for any adjustment to take place be it for the person in the US or the Step Child. No Marriage no relation

PattyS_boyfriend

Apr 16 2008, 02:09 PM

QUOTE(narocks @ Apr 2 2008, 09:03 AM)

They are seperate AOS for the spouse that is here and the I-130 for the step Child of the USC

We applied for all at the same time, My husband was an overstay. When we filed his AOS package we also filed the I-130 for his sons. He was approved before the sons. The case for the kids took about 11 months from start to finish for the boys. The I-130 for the step child is seperate from the AOS of the parent.
Remeber the other parent of the child has to give permission for the child to come to the states
Good Luck

See my time line for more info on my cases.

OOPs you have to be married in order for any adjustment to take place be it for the person in the US or the Step Child. No Marriage no relation

Sorry to ask this again here, but someone posted that you cannot file an I-130 for step-child if he/she was already 18 y/o by the time the marriage took place and he/she bacame a step-child of a USC. Is this a true and accurate statement? Thanks.

fwaguy

Apr 16 2008, 02:17 PM

QUOTE(PattyS_boyfriend @ Apr 16 2008, 02:09 PM)

QUOTE(narocks @ Apr 2 2008, 09:03 AM)

They are seperate AOS for the spouse that is here and the I-130 for the step Child of the USC

We applied for all at the same time, My husband was an overstay. When we filed his AOS package we also filed the I-130 for his sons. He was approved before the sons. The case for the kids took about 11 months from start to finish for the boys. The I-130 for the step child is seperate from the AOS of the parent.
Remeber the other parent of the child has to give permission for the child to come to the states
Good Luck

See my time line for more info on my cases.

OOPs you have to be married in order for any adjustment to take place be it for the person in the US or the Step Child. No Marriage no relation

Sorry to ask this again here, but someone posted that you cannot file an I-130 for step-child if he/she was already 18 y/o by the time the marriage took place and he/she bacame a step-child of a USC. Is this a true and accurate statement? Thanks.

The step child relationship must have occured prior to the 18th birthday.

Jengles

Apr 16 2008, 02:20 PM

Will admit to being a little confused by this also, what happens when the children are named on the parents I-130 and he comes here and they don't. Do I have to turn around and file seperate petitions for them when we want them to come?

fwaguy

Apr 16 2008, 02:27 PM

QUOTE(Jengles @ Apr 16 2008, 02:20 PM)

Will admit to being a little confused by this also, what happens when the children are named on the parents I-130 and he comes here and they don't. Do I have to turn around and file seperate petitions for them when we want them to come?

On an I-130 children do NOT get derivative benefit like they do on the I-129F for K-3. Each child will need an I-130 eventually, either for the CR(IR) visa or to adjust status if here on K-4

Jengles

Apr 16 2008, 03:46 PM

QUOTE(fwaguy @ Apr 16 2008, 03:27 PM)

QUOTE(Jengles @ Apr 16 2008, 02:20 PM)

Will admit to being a little confused by this also, what happens when the children are named on the parents I-130 and he comes here and they don't. Do I have to turn around and file seperate petitions for them when we want them to come?

On an I-130 children do NOT get derivative benefit like they do on the I-129F for K-3. Each child will need an I-130 eventually, either for the CR(IR) visa or to adjust status if here on K-4

so I can't do k-4 and then AOS?? IT will be k-4, i-130 and then AOS, That is a bit much, better to do just i-130

PattyS_boyfriend

Apr 16 2008, 04:55 PM

QUOTE(fwaguy @ Apr 16 2008, 12:17 PM)

QUOTE(PattyS_boyfriend @ Apr 16 2008, 02:09 PM)

QUOTE(narocks @ Apr 2 2008, 09:03 AM)

They are seperate AOS for the spouse that is here and the I-130 for the step Child of the USC

We applied for all at the same time, My husband was an overstay. When we filed his AOS package we also filed the I-130 for his sons. He was approved before the sons. The case for the kids took about 11 months from start to finish for the boys. The I-130 for the step child is seperate from the AOS of the parent.
Remeber the other parent of the child has to give permission for the child to come to the states
Good Luck

See my time line for more info on my cases.

OOPs you have to be married in order for any adjustment to take place be it for the person in the US or the Step Child. No Marriage no relation

Sorry to ask this again here, but someone posted that you cannot file an I-130 for step-child if he/she was already 18 y/o by the time the marriage took place and he/she bacame a step-child of a USC. Is this a true and accurate statement? Thanks.

Thanks. Now I am clear about this.

The step child relationship must have occured prior to the 18th birthday.

NArocks

Apr 17 2008, 12:53 PM

Who May Not File This Form I-130?
3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.
http://www.uscis.gov/files/form/I-130instr.pdf

Correct if the parents married after the 18th birthday of the child ( I married mine less than a month after the 18yr turned 18 ) then the parent must wait to becaome PR then apply for the child and update the case once they become a USC wait is 5-6 years currently.

I filed for the 11 ( then 10 ) and the 16 ( then 15 ) and in less than a year they were here. This process was seperate from that of their dads and did not have anything to do with the I-485 etc I filed for the dad.

Hope this helps.