Mother in IR-1 category

[zaidezs 0]

Anybody who can help me or give me good ideas about my situation I will really appreciate it. My husband petitioned me he filed I-130 last Feb. this year, got approved, now I got 2 minor kids who are my husbands step kids (10 and 8 years of age) we thought that they was part on the I-130 but then when I called NVC lady there told me clearly that my IR-1 is just for only one visa or just for me, now my problem is if how can I bring the kids with me, I called immigration if my husband can file K3 so kids can have K4 but the customer service representative told me that my husband cannot apply for K3 or K4 anymore since the I-130 had been approved...Me and the kids was already in the United states when my husband petitioned me for K1 got married there and live for 4 years had green card, but with my stupid decision came home here in the Philippines and stayed more than a year already so thats why we are on base 1 again...I need to know if my husband can apply I-130 for my 2 kids as stepparent while mine is about to be done, Please help I really don't want to leave my children.

Thanks!

Zaidesz

[msnoob 3]

It is my understanding that your husband can file the I-130 for your children (as their stepfather) as long as the marriage took place prior to the child's 18th birthday. I do know that you will need either sole custody (legal and physical) or a letter from the children's biological father granting permission for them to immigrate.

Hopefully someone else in a similar situation can provide additional information for you. Best of Luck...

[zaidezs 0]

i don't think we are goin to have problem with the kids biological father coz his name is not even in their birth certificate, we went through K1-K2 visa before there wasn't any problem about that, right now we really certain that I-130 is needed to be filed separate for each of my 2 kids, so I just need prayers that it wont take that long.

Thanks! Have good day!

zaidezs