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Foreign Spouse's children connected to IR-1/CR-1 Petition???

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I'm sure this question has been done to death, but I'm reading conflicting info. Can anyone tell me for sure whether or not children of the foreign spouse are included on the IR-1/CR-1 Visa petition? I know you list their names on the I-130 original petition form but does this mean those children listed are automatically included on the bill for Aff of Support, Immigrant visa bill, DS-230 etc along with the foreign spouse?

If anyone has gone through this process, please drop a line,

Peta


CR-1/IR-1 Journey for Self

12th April 08 - Married in Australia

21st April 08 - Mailed off I-130 but with incorrect title on cheques

30th April 08 - USCIS returned petitions requesting correct title on cheques

2nd May 08 - Mailed out I-130s again! Finally on our way!!!

9th May 08 - NOA-1

7th Nov 08 - Tranferred to CSC

4th Dec 08 - Approved!!!

22nd Dec 08 - NVC # assigned

23rd June 09 - Case Complete at NVC (We slowed down the process on purpose to time interview accordingly)

18th August 09 - Medical

25th August 09 - Interview Date - Approved!!!

19th February 10 - POE L.A (No dramas, just SLOW)

2nd March 10 - Welcome to America Letter

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Filed: AOS (pnd) Country: France
Timeline

Hello,

I am swapping from K-3 to CR-1 by USCIS request.

I had sent my I-130 with the kids names.

Though, USCIS sent my husband a RFE in order to swap to the CR-1 regarding the children.

I then had to send one I-130 appilcation form for each of my children and have understood that when applying for CR-1, yourself and each of the children need their own !-130.

I hope that was clear and helpful.

Good luck!


Christine & John

Met October 2002 in Australia.

04/07/07 Wedding in New Caledonia.

.png

I-130:

05/24/07 I-130 sent to CSC

06/27/07 NOA 1

03/10/08 NOA 2

Our I-130 was approved in 291 days from our filing date.

I-129F:

08/22/07 I-129F sent to CSC

09/04/07 NOA 1

03/10/08 NOA 2

Our I-129F was approved in 201 days from our filing date.

Children's I-130:

01/26/08 I-130 sent to CSC

02/20/08 NOA 1

09/10/08 NOA 2 for two of the children.

09/12/08 NOA 2 for the third child.

03/31/08 Arrival in the U.S.

AOS:

I-485, G-325A, I-765, I-131.

05/29/08 AOS sent for Christine and the children.

06/10/2008 NOA 1

07/01/2008 Biometrics

07/18, 23 and 25/08 Physicals

08/30/08 Employment Authorisation (valid for 1 year)

08/30/08 Authorisation for Parole

11/19/08 SSN (valid for work only)

12/04/08 Initial Interview appointment / Rescheduling requested

02/03/09 Interview appointment / very easy, very nice officer, not too many questions, our evidences were enough

02/03/09 Green Card granted for the four of us

02/16/09 Green Cards arrived in the mail

.png

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Filed: AOS (pnd) Country: France
Timeline

Hello,

I am swapping from K-3 to CR-1 by USCIS request.

I had sent my I-130 with the kids names.

Though, USCIS sent my husband a RFE in order to swap to the CR-1 regarding the children.

I then had to send one I-130 appilcation form for each of my children and have understood that when applying for CR-1, yourself and each of the children need their own !-130.

I hope that was clear and helpful.

Good luck!


Christine & John

Met October 2002 in Australia.

04/07/07 Wedding in New Caledonia.

.png

I-130:

05/24/07 I-130 sent to CSC

06/27/07 NOA 1

03/10/08 NOA 2

Our I-130 was approved in 291 days from our filing date.

I-129F:

08/22/07 I-129F sent to CSC

09/04/07 NOA 1

03/10/08 NOA 2

Our I-129F was approved in 201 days from our filing date.

Children's I-130:

01/26/08 I-130 sent to CSC

02/20/08 NOA 1

09/10/08 NOA 2 for two of the children.

09/12/08 NOA 2 for the third child.

03/31/08 Arrival in the U.S.

AOS:

I-485, G-325A, I-765, I-131.

05/29/08 AOS sent for Christine and the children.

06/10/2008 NOA 1

07/01/2008 Biometrics

07/18, 23 and 25/08 Physicals

08/30/08 Employment Authorisation (valid for 1 year)

08/30/08 Authorisation for Parole

11/19/08 SSN (valid for work only)

12/04/08 Initial Interview appointment / Rescheduling requested

02/03/09 Interview appointment / very easy, very nice officer, not too many questions, our evidences were enough

02/03/09 Green Card granted for the four of us

02/16/09 Green Cards arrived in the mail

.png

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THANKYOU!!!


CR-1/IR-1 Journey for Self

12th April 08 - Married in Australia

21st April 08 - Mailed off I-130 but with incorrect title on cheques

30th April 08 - USCIS returned petitions requesting correct title on cheques

2nd May 08 - Mailed out I-130s again! Finally on our way!!!

9th May 08 - NOA-1

7th Nov 08 - Tranferred to CSC

4th Dec 08 - Approved!!!

22nd Dec 08 - NVC # assigned

23rd June 09 - Case Complete at NVC (We slowed down the process on purpose to time interview accordingly)

18th August 09 - Medical

25th August 09 - Interview Date - Approved!!!

19th February 10 - POE L.A (No dramas, just SLOW)

2nd March 10 - Welcome to America Letter

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Damn, I meant to ask whether you have to include a Biographic Data sheet X 4 for each child you are sending the I-130 in for?


CR-1/IR-1 Journey for Self

12th April 08 - Married in Australia

21st April 08 - Mailed off I-130 but with incorrect title on cheques

30th April 08 - USCIS returned petitions requesting correct title on cheques

2nd May 08 - Mailed out I-130s again! Finally on our way!!!

9th May 08 - NOA-1

7th Nov 08 - Tranferred to CSC

4th Dec 08 - Approved!!!

22nd Dec 08 - NVC # assigned

23rd June 09 - Case Complete at NVC (We slowed down the process on purpose to time interview accordingly)

18th August 09 - Medical

25th August 09 - Interview Date - Approved!!!

19th February 10 - POE L.A (No dramas, just SLOW)

2nd March 10 - Welcome to America Letter

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Filed: Other Country: China
Timeline
Damn, I meant to ask whether you have to include a Biographic Data sheet X 4 for each child you are sending the I-130 in for?

You'll find that answer in the excellent instructions that come with the I-130. It's very important to study them carefully.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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

When the time comes also send in individual financial info for each person. The I-864 needs to be completely filled out and signed for each person you are bringing.

Mike

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

what happens if the children of your spouse don't wish to come to live in the US but would rather stay in their home country?

Does one still list them on the I-130 and if so because the children don't wish to come, one just doesn't fill out an individual I-130 for each of them nor a I-864?

I have carefully studied the directions for the I-130 and this particular situation is not addressed.


Si me dieran a elegir una vez más_____ Nos casamos: el 01 de Julio 2008

te elegiría sin pensarlo _______________ Una cita con una abogada para validar la info de VJ: el 24 de Agosto, 2008 (Ya ella me cree)

es que no hay nada que pensar_______ El envio del I-130: el 26 de Agosto 2008

que no existe ni motivo ni razón ______ Entregado a las 14:13 PM en el 26 de Agosto, 2008 en CHICAGO, IL. Firmado por V BUSTAMANTE.

para dudarlo ni un segundo ___________ La 1ra Notificación de Acción (NOA1): el 29 de Agosto 2008

porque tú has sido lo mejor ___________ El cheque al USCIS cobró: el 2 de Septiembre, 2008

que todo este corazón ________________ Un toque el 19 de septiembre, 2008

y que entre el cielo y tú

yo me quedo contigo

-Franco deVita

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Filed: Other Country: China
Timeline
what happens if the children of your spouse don't wish to come to live in the US but would rather stay in their home country?

Does one still list them on the I-130 and if so because the children don't wish to come, one just doesn't fill out an individual I-130 for each of them nor a I-864?

I have carefully studied the directions for the I-130 and this particular situation is not addressed.

Actually, it is addressed in that an I-130 petition is for an individual. You would not petition for an individual who has no intent to immigrate to the US. The issue you describe comes up on the I-129F where listing children implies but does not confirm they also intend to immigrate.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
what happens if the children of your spouse don't wish to come to live in the US but would rather stay in their home country?

Does one still list them on the I-130 and if so because the children don't wish to come, one just doesn't fill out an individual I-130 for each of them nor a I-864?

I have carefully studied the directions for the I-130 and this particular situation is not addressed.

Actually, it is addressed in that an I-130 petition is for an individual. You would not petition for an individual who has no intent to immigrate to the US. The issue you describe comes up on the I-129F where listing children implies but does not confirm they also intend to immigrate.

C. Information about your alien relative (continued)

17. List husband/wife and all children of your relative.

(Name) (Relationship) (Date of Birth) (Country of Birth)

this is from the .pdf of Form I-130 (Rev. 07/30/07)Y Page 2

You are correct. It is also on Form I-129F (Rev. 07/30/07) Y Page 2 as shown below.

Part B. Information about your alien fiancé(e). (Continued.)

13. List all children of your alien fiancé(e) (if any)

Name (First/Middle/Last) Date of Birth (mm/dd/yyyy) Country of Birth Present Address

So the basic idea is fill in what is requested but to NOT send in a completed I-130 for each child, no?


Si me dieran a elegir una vez más_____ Nos casamos: el 01 de Julio 2008

te elegiría sin pensarlo _______________ Una cita con una abogada para validar la info de VJ: el 24 de Agosto, 2008 (Ya ella me cree)

es que no hay nada que pensar_______ El envio del I-130: el 26 de Agosto 2008

que no existe ni motivo ni razón ______ Entregado a las 14:13 PM en el 26 de Agosto, 2008 en CHICAGO, IL. Firmado por V BUSTAMANTE.

para dudarlo ni un segundo ___________ La 1ra Notificación de Acción (NOA1): el 29 de Agosto 2008

porque tú has sido lo mejor ___________ El cheque al USCIS cobró: el 2 de Septiembre, 2008

que todo este corazón ________________ Un toque el 19 de septiembre, 2008

y que entre el cielo y tú

yo me quedo contigo

-Franco deVita

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Filed: K-3 Visa Country: Philippines
Timeline
what happens if the children of your spouse don't wish to come to live in the US but would rather stay in their home country?

Does one still list them on the I-130 and if so because the children don't wish to come, one just doesn't fill out an individual I-130 for each of them nor a I-864?

I have carefully studied the directions for the I-130 and this particular situation is not addressed.

Actually, it is addressed in that an I-130 petition is for an individual. You would not petition for an individual who has no intent to immigrate to the US. The issue you describe comes up on the I-129F where listing children implies but does not confirm they also intend to immigrate.

C. Information about your alien relative (continued)

17. List husband/wife and all children of your relative.

(Name) (Relationship) (Date of Birth) (Country of Birth)

this is from the .pdf of Form I-130 (Rev. 07/30/07)Y Page 2

You are correct. It is also on Form I-129F (Rev. 07/30/07) Y Page 2 as shown below.

Part B. Information about your alien fiancé(e). (Continued.)

13. List all children of your alien fiancé(e) (if any)

Name (First/Middle/Last) Date of Birth (mm/dd/yyyy) Country of Birth Present Address

So the basic idea is fill in what is requested but to NOT send in a completed I-130 for each child, no?

I'm not sure how relevant it is to this thread but according to the website listed below, it would be best to file the I-130(s) for each child concurrently with your wife's. There have been several postings here about the K3 being abandoned. If your stepchild(ren) have the K4 derivative status through the K3 (as long as they are listed on the I129f), do they lose that if the K3 is abandoned? http://www.visalaw.com/05oct2/2oct205.html

Edited by cieloazul

K-3 Visa

Event Date

Service Center : Vermont Service Center

Consulate : Manilla, Philipines

Marriage : 2007-05-24

I-130 Sent : 2007-08-28

I-130 NOA1 : 2008-02-15 receipt date

I-130 NOA2: 2008-09-02 Hardcopy

I-129F Sent : 2008-02-29

I-129F NOA1 : 2008-03-03

I-129F RFE(s) : None

RFE Reply(s) : None

I-129F NOA2 : 2008-08-26 (email)

I-129F NOA2: 2008-09-02 Hardcopy

NVC Received :2008-09-04

NVC Left : 2008-09-04

Consulate Received :2008-09-12

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Medical: 2008-09-23,24

Sputum Test Passed, complete medical: 2008-12-08

Interview Date : 2008-12-22, White Slips, need current marriage index and CENOMAR

Visa Received : 2009-01-19

US Entry : 2009-02-01

I-130 Approval : 2008-08-26

Comments :

Processing

Estimates/Stats : Your I-129f was approved in 179 days from your filing date.

Your I-130 was approved in 364 days from your filing date.

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Yes, the children would lose K4 status. Christinejohn mentioned earlier about changing to the IR-1 route in which a RFE was requested regarding the submission of kids' individual I-130. I am playing it safe and going the IR-1/CR-1 route.


CR-1/IR-1 Journey for Self

12th April 08 - Married in Australia

21st April 08 - Mailed off I-130 but with incorrect title on cheques

30th April 08 - USCIS returned petitions requesting correct title on cheques

2nd May 08 - Mailed out I-130s again! Finally on our way!!!

9th May 08 - NOA-1

7th Nov 08 - Tranferred to CSC

4th Dec 08 - Approved!!!

22nd Dec 08 - NVC # assigned

23rd June 09 - Case Complete at NVC (We slowed down the process on purpose to time interview accordingly)

18th August 09 - Medical

25th August 09 - Interview Date - Approved!!!

19th February 10 - POE L.A (No dramas, just SLOW)

2nd March 10 - Welcome to America Letter

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Yes, the children would lose K4 status. Christinejohn mentioned earlier about changing to the IR-1 route in which a RFE was requested regarding the submission of kids' individual I-130. I am playing it safe and going the IR-1/CR-1 route.

of what i understand if one of the parent is an american citizen automatically you can apply them for certificate birth abroad so they can apply for a blue passport and be an american citizen

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