Hello all,

Just received the IV Fee bill as I'm listed as my wife's agent. The bill states there should be one bill for each traveling applicant. Will my step-son not be listed? He's a minor, so I don't know if this is normal. He was listed on the I130 package.

Please respond with your experience in how the CR1 treats minors when petitioning for a wife/husband.

Thanks,
Mike

I'm in the same situation. I sent an email to NVC but have not received a reply from them. If you find anything out please let me know!

Each person must have their own I-130 for an immigrant visa. If you only filed one I-130, the step-son will need his own. Listing him does nothing. That works only with K visas.

When we did K visas (they had to return...so we couldn't do marriage/AOS) I just listed him. So, will there be anyway to fast track a 130 through for him since my wife's 130 is approved and pending fee bill????? They can't come up separated because of custody issues.

Please God let there be an answer...

They will expedite if the child is about to age out (turn 21) but if you have custody issues, that doesn't match your circumstances. You'll need to file the I-130 and wait. I would just slow down on your wife's NVC process until the son's I-130 catches up. The answer was to prepare ahead of time and read the instructions. Water under the bridge.

If I move forward with her visa and start a new I-130 for my step-son, can she get her visa enter into the states and then return? If I understand it there aren't any travel restrictions with a CR1 like there are with a K1 (advanced parole) because she will already have immigrant status. Is there a minimum wait time here?

If we can get her squared away, then she is free to travel back and forth as wanted/needed. And my-step son would need to go through the entire I130/CR2 process.

What am I missing?

(Thanks for the advice)

As long as they don't need to travel together the first time she comes, that will work fine. She has no travel restrictions. She'll just be leaving him behind on that first trip.

DITTO!
File the I-130 for your step kid ASAP. Maybe try James' shortcuts with his.

Confusing huh! I-130 says it's a petition for alien relative(spouse,parents, child). Step-son is not the petitioner's biological child(unless adopted) so, she/he can't be considered as alien relative. As I understand in a situation like this a minor(step-child)derives a visa from the primary applicant which is the beneficiary(spouse) who is the alien relative of the petitioner.
.

As long as the petitioner was married prior to the stepchilds 18th birthday he will have to file a separate I-130 for the stepchild.
Been there; Done that!
Yeah! Very confusing!

Obviously a child adopted isn't the biological child either!
Adopting parent has ALL the same legal obligations a biological parent does tho.
Been there; Done that also!

Confusing huh! I-130 says it's a petition for alien relative(spouse,parents, child). Step-son is not the petitioner's biological child(unless adopted) so, she/he can't be considered as alien relative. As I understand in a situation like this a minor(step-child)derives a visa from the primary applicant which is the beneficiary(spouse) who is the alien relative of the petitioner.
.
[/quote]As long as the petitioner was married prior to the stepchilds 18th birthday he will have to file a separate I-130 for the stepchild.
Been there; Done that!
Yeah! Very confusing!

Obviously a child adopted isn't the biological child either!
Adopting parent has ALL the same legal obligations a biological parent does tho.
Been there; Done that also!
[/quote]


Thank you for such an immediate reply. Why is that the CSC approved the petition for the primary applicant (beneficiary)without requiring the petitioner to submit a separate application for the step-child since the step-child name was mentioned on the petition letter. Was this the same thing with your case?Thank you.

KayArt

USCIS doesn't tell you who to apply for. Some peeps may not even want to bring the kid.
You do have to list all children of your alien relative [wife in this case] on the I-1-130 tho.
As per instructions I submitted 2 separate I-130s for my wife and stepdaughter at the same time .
You don't have to do both at the same time tho.
Better tho as they processed them together.

USCIS doesn't tell you who to apply for. Some peeps may not even want to bring the kid.
You do have to list all children of your alien relative [wife in this case] on the I-1-130 tho.
As per instructions I submitted 2 separate I-130s for my wife and stepdaughter at the same time .
You don't have to do both at the same time tho.
Better tho as they processed them together.
[/quote]


Thank you again. Actually I'm the beneficiary and my husband did'nt apply for a separate petition for my child since he clearedly stated all the request on his petition letter.So, he thought that was ok. But, when he received the IV bill, he wondered why it was only one bill and my child's name was'nt there. He is planning to call the NVC tomorrow to clarify.
But as earlier filer could you kindly give an advice on what he needs to do next. Thanks again.

Your husband needs to file another I-130 for your son.

Thank you. One question please. At the port of entry would you think he can come with me to the U.S as tourist ,using his Japanese passport (under visa waiver)while his petition is pending . Thank you.

KayArt

All, I called NVC and called USCIS today and here is what they are saying....

NVC says to file the I-130 immediately for my step-son and that I can wait to pay for my wife's visa as long as I stay in contact with them. Then they can create a bill with it together...Or I can complete the wife's visa.

USCIS says that I-130 is required or need to file 129f and can revert back to K3/K4 if it is approved. Problem is, I don't think that will be any faster than the I-130. USCIS also says that if I keep the visas separate and my wife enters, she can't return to take care of him unless she has a "welcome packet" and stamp in her passport specifically granting her ability to re-enter. They also said that this process may or may not happen at the port of entry. I asked for the standard process and the agent wouldn't be clear. I think this is so they don't guarantee this process. Can someone explain the standard process? I need to try and have my wife immigrate and return in order to move things along and take care of her son.

Also, with the new rules, it looks like I could file a 129f with CSC for free? (TSC sent my I-130 to CSC where it was approved)

Looks like the new I-130 will be $355 and not the $190 that I paid for my wife.

Thanks for the info. Do you have any idea how long will it takes to process I-130 for a stepchild?
KayArt