Step children

[Kazulie 132]

Hello All!

I am new here and this is my first post. I hope you all can help!

I (a US citizen by birth) married my Nigerian husband in May 2011. We filed his I-130 in September 2011 and are still waiting to hear from California. We have heard nothing except that they have received the application, but the website says that it is currently taking 5 months to process so we are still in that window.

My question is about his sons (aged 14 and 10) whom still live in Nigeria. We would like for them to come ASAP but I'm not 100% sure how to do that. There is so much information to read and also conflicting answers everywhere I turn. Here are some questions I would like answered please:

1) besides the obvious fact that he is the kid's father, does my husband really have anything to do with getting the boys over here? Like I mentioned, we are still waiting to hear if his I-130 will be approved, but can I still get the boys here without his I-130 being approved? Is it possible that I could file their I-130 and it be approved and they come to the US before my husband is even approved?

2) what is the fastest way of getting the boys over here? I' just read something about getting them a K4 visa. Does this sound right?

If anyone can steer me in the right direction of getting my step-kids here as quickly/easy as possible, I'd appreciate it. Also if someone could give me some insight of what my husband's role in this matter is that would be great. Oh, and FYI, the boys' mother is complete cooperation with us. Does she have to write something stating that she authorizes them to me or something?

Thanks in advance!

Julie

[Penguin_ie 5,986]

Thr kids' process (you need to file I-130's for them too) won't be any faster than dad's. Start it now, and hopefully they'll catch up with dad and can all interview/ travel at the same time.

You could try for an F1 student visa for them in the meantime, but I am not sure how successful it'd be with a stepmom and obvious immigrant intent. Is there a specific reason you want the kids to come before dad?

[Kazulie 132]

Should have mentioned....dad (husband) is already here and has been here for 6 years. He misses them terribly and I would like to get them here this summer so I can get them prepared for school. The eldest will be going into high school in the fall and it will be a hard transition. I would like him here before school starts as opposed to moving in the middle of the school year.

[NigeriaorBust 4,087]

They will each need their own I130 , total time about 8=12 months. Also don't be suprised if they want a DNA test. Common for Nigerian children as so many come back negative ( not really the persons child )

[JimVaPhuong 4,863]

Should have mentioned....dad (husband) is already here and has been here for 6 years. He misses them terribly and I would like to get them here this summer so I can get them prepared for school. The eldest will be going into high school in the fall and it will be a hard transition. I would like him here before school starts as opposed to moving in the middle of the school year.

That's a rather important omission. Did you also concurrently file an I-485 so your husband can get a green card? If not then they'll presume he's going to return to Nigeria for a visa interview, and that's where they'll send the petition after it's approved. If you haven't submitted an I-485 then you should do so now. Include a copy of the acceptance notice for the I-130. You can follow the VJ guides for this - link at the top of the page.

A K4 visa is a derivative of a K3 visa. Your husband didn't enter the US with a K3 visa so his kids aren't eligible for K4 visas. Further, a K4 can only be issued within a year of the K3 visa being issued.

Since you married their biological father before they were 18 you can petition for the kids to receive CR2 visas. You'll have to submit evidence to prove that you're married to their father (obviously), and evidence to prove that he's their biological father. The consulate in Lagos can be sticky when it comes to fathers, especially if the children were born out of wedlock. They may ask for a DNA test to prove that he's their father. From what I've heard, this can slow things down for many months. Hopefully, your husband is listed on their birth certificates as the father, and they'll accept that as sufficient proof.

You'll probably also need permission from the children's mother allowing them to permanently immigrate to the US. This is called a "quit claim". You can get details about this from the consulate.

The process will take as long as it takes. Not much you can do to speed it up. It's highly unlikely they'll be here before the start of the school year. More likely toward the end of this year or possibly early next year. The clock doesn't start ticking until you file the petitions...

[LIFE'SJOURNEY 970]

Hello All!

I am new here and this is my first post. I hope you all can help!

I (a US citizen by birth) married my Nigerian husband in May 2011.

We filed his I-130 in September 2011 and are still waiting to hear from California. We have heard nothing except that they have received the application, but the website says that it is currently taking 5 months to process so we are still in that window.

My question is about his sons (aged 14 and 10) whom still live in Nigeria. We would like for them to come ASAP but I'm not 100% sure how to do that. There is so much information to read and also conflicting answers everywhere I turn. Here are some questions I would like answered please:

1) besides the obvious fact that he is the kid's father, does my husband really have anything to do with getting the boys over here? Like I mentioned, we are still waiting to hear if his I-130 will be approved, but can I still get the boys here without his I-130 being approved? Is it possible that I could file their I-130 and it be approved and they come to the US before my husband is even approved?

2) what is the fastest way of getting the boys over here? I' just read something about getting them a K4 visa. Does this sound right?

If anyone can steer me in the right direction of getting my step-kids here as quickly/easy as possible, I'd appreciate it. Also if someone could give me some insight of what my husband's role in this matter is that would be great. Oh, and FYI, the boys' mother is complete cooperation with us. Does she have to write something stating that she authorizes them to me or something?

Thanks in advance!

Julie

Julie, if the father is here in the US, what does the statement in quote mean? Did you only file a I130 for your husband?

[Penguin_ie 5,986]

If schooling is a consideration, and considering the difficult consulate you will go through, I would plan for them to come here summer 2013. As mentioned, the process will take close to a year- maybe more with DNA testing (how much scrutiny they will go through will also depend on how the dad got to the USA and whether he was married to mom). The visa is then valid for 6 months, so a summer 2013 arrival, to start school in August 2013, is realistic.

[glory647 0]

If it helps u, i am a step child of a us citizen in nigeria my dad is a gc holder and i am almost through with my journey just waiting for the dna thing. So the truth is its gonna be a long journey for ur step kids cos it has been for be. My dad had his i130 completely approved before they started my case. Meanwhile , d dna thing is sure for ur step kids. It is becoming a norm in lagos. Ask me for any specific detail, will be glad to help. Forgot to mention my petition comes under the ir2 category cos as slow as i thing it is, it is the fastest and safest. Good luck.

[Kazulie 132]

We filed my husband's I-130 and I-485 together in September. Will be filing the boys' I-130 next week. I guess at this point we're in the same boat as everyone else..."hurry up and wait!"

[glory647 0]

Tym to wait. Got it

[Kazulie 132]

That's a rather important omission. Did you also concurrently file an I-485 so your husband can get a green card? If not then they'll presume he's going to return to Nigeria for a visa interview, and that's where they'll send the petition after it's approved. If you haven't submitted an I-485 then you should do so now. Include a copy of the acceptance notice for the I-130. You can follow the VJ guides for this - link at the top of the page.

A K4 visa is a derivative of a K3 visa. Your husband didn't enter the US with a K3 visa so his kids aren't eligible for K4 visas. Further, a K4 can only be issued within a year of the K3 visa being issued.

Since you married their biological father before they were 18 you can petition for the kids to receive CR2 visas. You'll have to submit evidence to prove that you're married to their father (obviously), and evidence to prove that he's their biological father. The consulate in Lagos can be sticky when it comes to fathers, especially if the children were born out of wedlock. They may ask for a DNA test to prove that he's their father. From what I've heard, this can slow things down for many months. Hopefully, your husband is listed on their birth certificates as the father, and they'll accept that as sufficient proof.

You'll probably also need permission from the children's mother allowing them to permanently immigrate to the US. This is called a "quit claim". You can get details about this from the consulate.

The process will take as long as it takes. Not much you can do to speed it up. It's highly unlikely they'll be here before the start of the school year. More likely toward the end of this year or possibly early next year. The clock doesn't start ticking until you file the petitions...

When would we apply for the CR2 visa? AFTER the I-130 is approved or concurrently?

[JimVaPhuong 4,863]

When would we apply for the CR2 visa? AFTER the I-130 is approved or concurrently?

Ok, you're getting confused between two completely different types of processes.

First, visas are used for entering the US. That's all. Your husband is already in the US so he doesn't need a visa. However, you still have to file an I-130 petition for him because he needs a visa number from the National Visa Center in order to become a permanent resident. Because he's adjusting status you are also allowed to concurrently file an I-485 for him.

His sons, however, are NOT in the US, and they're going to need a visa to enter this country. You still file an I-130 petition to make a visa number available for them, but issuing visas is handled entirely by Department of State - a completely different agency of the US government. They'll get a visa by submitting a visa application, but Department of State doesn't even accept a visa application until the petition has been approved by USCIS and sent to the National Visa Center. You can't concurrently file an I-130 and a visa application.

[Kazulie 132]

Got it.

I've already sent in the I-130 and the I-485 for my husband. We hired a lawyer for him so he's pretty much taken care of. I was hoping the boys' situation would be a little easier and I could do it myself to save money.

We will file their I-130s this week, then I guess we wait for them to be approved and get sent to the NVC. Will we be notified once they are sent to the NVC or once the I-130s are approved do we have to contact the NVC ourselves and go from there? Is there an approval process at NVC or once they make it there are they already approved for a visa? I think I read that because they are the children of a citizen by birth (me) that there is no waiting for a visa number to become available. Is this true? What type of visa will they be coming over on?

Thanks for all the help, everyone!

[Penguin_ie 5,986]

You will be notified when the USCIS gets your petition (NOA1) and when it goes to the NVC (NOA2). That only means your petition is approved, NOT the visa. The petition will be approved easily as you married their dad before the 18th birthday. Getting the visa approved at the embassy may be a little more difficult, simply because of the high fraud country you are going through. They may require a DNA test to ensure the sons are biologically his. You are right in that because they are minors, there is no priority date waiting time, but this is a beurocratic process and as mentions, takes 8-12 months, maybe more if they require DNA test.

More on the process here: http://www.visajourney.com/content/child

[glory647 0]

Got ma date for dna sampling