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

[whisper2me 0]

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

[christinejohn 0]

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!

[christinejohn 0]

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!

[Credzba 0]

You need to file a separate I-130 for each person.

1 for spouse, 1 for each child.

[whisper2me 0]

THANKYOU!!!

[whisper2me 0]

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?

[pushbrk 12,083]

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.

[Mike_&_Rossy 0]

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

[franklie 0]

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.

[pushbrk 12,083]

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.

[franklie 0]

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?

[cieloazul 0]

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 February 16, 2008 by cieloazul

[whisper2me 0]

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.

[LOSTGURL--SOPHIA 2]

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