How many I-130's do I send?

[wikdwelder 0]

My wife has 2 children under 14 yrs of age and they will be comming from canada with her here to America, my question is do we send just the one I-130 or do we have to have 3 seperate I-130's for her and 1 each for the children??? I was also told by a gentleman at the USCIS that after the I-130 returns as the NOA1 she is legal to come to America to stay with me until the rest of the processes are finished, is this true?

[Ling Ling 22]

My wife has 2 children under 14 yrs of age and they will be comming from canada with her here to America, my question is do we send just the one I-130 or do we have to have 3 seperate I-130's for her and 1 each for the children??? I was also told by a gentleman at the USCIS that after the I-130 returns as the NOA1 she is legal to come to America to stay with me until the rest of the processes are finished, is this true?

Send one I-130 for each beneficiary.

After NOA1 she is NOT legal to the US and stay. Not until it's approved and she's had an interview.

Review the K3 guide under "Guides".

Best of luck

[rin and john 71]

My wife has 2 children under 14 yrs of age and they will be comming from canada with her here to America, my question is do we send just the one I-130 or do we have to have 3 seperate I-130's for her and 1 each for the children??? I was also told by a gentleman at the USCIS that after the I-130 returns as the NOA1 she is legal to come to America to stay with me until the rest of the processes are finished, is this true?

If you are going CR-1/IR-1, send an I-130 for each individual (3 total). If you are petitioning for a K-3 for your wife, you can file all three I-130's now, or file one for your wife now and the two for your stepchildren when you file AOS, your decision as the children will have derivative status and can be issued K-4 visas. When we petitioned for Rin's K-3 we knew we would not file AOS until we had almost reached our 2nd anniversary (to get a 10 yr GC instead of a 2 yr GC) so we waited to file the I-130 for the children until we filed AOS. With the K-3, your wife will not be work authorized until you file for EAD (can file concurrently with AOS or before - if before there is a fee associated with it).

With regards to what the USCIS official told you, your wife cannot stay permanently in the USA until she has the visa (either the K-3 or the CR-1); substantially longer than the I-130 NOA1 timing.

John