Filing I-130 for my 6 year old step son. He is in pakistan with her mother.

[Ali64 0]

I'm US citizen and my wife already has the interview date and my lawyer didn't tell us we need to file I-130 separately for my step son. I'm just curious if you know what are NVC instructions if you are filing for a minor.

Thanks

[pushbrk 12,149]

I'm US citizen and my wife already has the interview date and my lawyer didn't tell us we need to file I-130 separately for my step son. I'm just curious if you know what are NVC instructions if you are filing for a minor.

Thanks

Nobody, since G325a forms are not needed for children.

[susie123 0]

I was in a similar situation, after my approval at USCIS we realise my son was not going to get to migrate with me to the US. What my husband (USC) did was to file all the necessary I think I also file G325a for my son attach my approval letter. We then wrote a letter and attach it to the application explaining the circumstances and how we did not realise that we needed to file another I130 form for my son that this was the requirement and my son was a minor child and we also in that letter asked to expedite this case so that both mother and child papers will be processed together. Within one month my son got USCIS approval and then the matter went to NVC and long story short both me and my son migrated in March this year. We did not take a lawyer

[Ali64 0]

Thanks susie

How much time it took for your son get the NVC approval? Im going to file his I-130 on monday. I also want to find out how did you link the account. Is there a special procedure to do that? His month/my wife is very worried about him and she is blaming me for not filing his I-130. Basically my lawyer screwed up the things for us. I made the mistake of believing her.

Thanks again

[susie123 0]

My son approval at NVC also took a month. But you must write a letter asking to expedite based on the fact it is a minor child and attach all approvals appointment letters for your wife etc. Make sure your wife case number is recorded on the letter that you are writing to expedite. My case was delayed about 3 months until my son's papers was processed but the fact is I did not have to leave my child behind. My son was 8 years old at the time. I signed all the papers for my son my name for my child.

Edited November 6, 2009 by susie123

[Ali64 0]

Thanks susie.

You really made my day. I thought it is going to take months before I could see my wife and her son. I'm very anxiously waiting for them here. I really appreciate your help here.

Is it possible if I can get your email so my wife can ask you few questions? She is very worried and not happy with this situation. It is going to help her to hear about your case.

Thanks again

[susie123 0]

Also she will need custody papers saying that she has sole custody for the child. permission from the non immigrating parent or permission from the courts saying that the child is permitted to leave the jurisdiction. With our application we had the following documents attached letter

1. letter to expedite case so that child visa will be processed with the mother

2. I130 petition

3. G325A I think my husband signed them on behalf of my son

4. birth certificates (me husband child)

5. Marriage certificate

6. divorce papers

7. custody papers

8. permission for child to leave country

9. approval letter for me

Talk to your wife and you can post your concerns here and I promise that I will come and search for your post and respond.

Good luck

[Ali64 0]

What do I need to file I-130 for my minor step son?

We don't have custody papers yet and we have contacted a lawyer and she is helping us with that. I don't know If I need to have custody letter at the time of I-130. We will have the custody letter but it might take little time. I was not aware of it until now.

Thanks

[susie123 0]

yes those custody papers are very important. Send what you have on Monday and ask to expedite. Aso check the birth certificate of the child and see if the father name is on it. If the father name is not on it then check the Pakistani embassy website and see what papers are required for them to issue the visa for the child. In some countries if the father name is not on the child birthcertificate then it is not necessary to get custody papers.

[pushbrk 12,149]

What do I need to file I-130 for my minor step son?

We don't have custody papers yet and we have contacted a lawyer and she is helping us with that. I don't know If I need to have custody letter at the time of I-130. We will have the custody letter but it might take little time. I was not aware of it until now.

Thanks

You don't need custody papers to file the petition but will need them to get the visa. Your question indicates you have still not carefully read the I-130 instructions that clearly list which documents are to be sent when filing the petition for a step-child. Studying and carefully following form instructions will be critical to your eventual success.

[Ali64 0]

Thanks...I have read the instructions carefully now and I know what i need to file with the I-130. You guys are great help to me.

Does my wife need a permission letter from her ex husband or the court order should enough or they need both?

Thanks in advance

[pushbrk 12,149]

Thanks...I have read the instructions carefully now and I know what i need to file with the I-130. You guys are great help to me.

Does my wife need a permission letter from her ex husband or the court order should enough or they need both?

Thanks in advance

Good. You need a Pakistan specific answer for your latest question but you won't need whatever it is for several months.

[susie123 0]

I read both the instructions on the I130 and the website information posted US embassy in Guyana and send them all the information that they ask for up front because I did not want to risk an RFE. with each RFE received it add up to an additional month or so in delay of the process and that is dependent how soon you send in the information requested. My child came with me and I was in a similar position to your wife.

[pushbrk 12,149]

I read both the instructions on the I130 and the website information posted US embassy in Guyana and send them all the information that they ask for up front because I did not want to risk an RFE. with each RFE received it add up to an additional month or so in delay of the process and that is dependent how soon you send in the information requested. My child came with me and I was in a similar position to your wife.

This is not a good idea. It may do no harm but it's best to deal the USCIS requirments for USCIS and Consulate requirments at the appropriate time. Custody and permission documentation is not needed until the Consulate stage. They may well want currently dated permissions.

[jellyfish 0]

We made a similar error, and my daughter was processed as an expedited DCF. Her total process time from filing to medical was 2 months.

You can pull it together if you work hard and get it right.