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wikdwelder

How many I-130's do I send?

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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?

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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


LingChe NVC Guide

Using this guide may allow you to fly through NVC in as little as 11 days.

visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

--------------------

Our Visa Journey

2006-11-01: Met online through common interest in music - NOT Dating Service

2007-01-28: Met in person in Paris

2007-10-02: Married in Tokyo

2008-07-05: I-130 Sent

2008-08-13: NOA2 I-130

2008-10-02: Case Complete at NVC

2008-11-04: Interview - CR-1 Visa APPROVED

2008-12-11: POE - Chicago

2009-01-12: GC and Welcome Letter

2010-09-01: Preparing I-751 Removal of Conditions

2011-03-22: Card Production Ordered

2011-03-30 10 Year Card Received DONE FOR 10 YEARS

Standard Disclaimer (may not be valid in Iowa or Kentucky, please check your local laws): Any information given should not be considered legal advice,

and is based on personal experience or personal knowledge. Sometimes there might not be any information at all in my posts. Sometimes it might just

be humor or chit-chat, or nonsense. Deal with it. If you can read this...you're too close. Step away from the LingLing

YES WE DID!

And it appears to have made very little difference.

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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


K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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