Step children

[LIFE'SJOURNEY 970]

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!

This doesn't make sense if they are your biological children, why are you filing for a visa for them?

[JimVaPhuong 4,863]

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.

You're not over the bridge with your husband yet. You'll still have a green card interview where the IO will determine if your marriage is bona fide. While most people are approved, some are put through a fairly tough interview and ultimately denied. Don't get too comfortable yet.

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!

USCIS will notify you when the petitions are approved, and NVC will notify you when they've received them. NVC will have things they want from both the petitioner and beneficiary. They'll want an affidavit of support and corresponding fees from the petitioner. They want a selection of an agent and visa applications from the beneficiary. They'll send letters asking for these things. Once this process has been completed the NVC will send the petitions to the consulate, and the beneficiary will be contacted for a visa interview. The consulate will determine if DNA testing is required. The visas aren't issued until the consulate approves them.

The visa category is CR2 - child (step-child in this case) of a US citizen. A CR2 is an immediate relative visa, so a visa number is immediately available when the petition is approved. No waiting for a priority date to become current.

This doesn't make sense if they are your biological children, why are you filing for a visa for them?

They're not. I think the OP is saying that she's a US citizen by birth - not that the children are US citizen's by birth. In this case, it doesn't matter whether she's a US citizen by birth, naturalization, or action of law. She's a US citizen, and she married the children's biological father before the kids were 18, so she can petition for them to get immediate relative visas.

[LIFE'SJOURNEY 970]

You're not over the bridge with your husband yet. You'll still have a green card interview where the IO will determine if your marriage is bona fide. While most people are approved, some are put through a fairly tough interview and ultimately denied. Don't get too comfortable yet.

USCIS will notify you when the petitions are approved, and NVC will notify you when they've received them. NVC will have things they want from both the petitioner and beneficiary. They'll want an affidavit of support and corresponding fees from the petitioner. They want a selection of an agent and visa applications from the beneficiary. They'll send letters asking for these things. Once this process has been completed the NVC will send the petitions to the consulate, and the beneficiary will be contacted for a visa interview. The consulate will determine if DNA testing is required. The visas aren't issued until the consulate approves them.

The visa category is CR2 - child (step-child in this case) of a US citizen. A CR2 is an immediate relative visa, so a visa number is immediately available when the petition is approved. No waiting for a priority date to become current.

They're not. I think the OP is saying that she's a US citizen by birth - not that the children are US citizen's by birth. In this case, it doesn't matter whether she's a US citizen by birth, naturalization, or action of law. She's a US citizen, and she married the children's biological father before the kids were 18, so she can petition for them to get immediate relative visas.

The statement states "they are the children of a citizen by birth (me) that there is no waiting for a visa" NOW she may have meant something different, but that wasn't what she wrote. The rest of your post I was not questioning.

[patient2010 93]

Got ma date for dna sampling

good luck to u!

[JimVaPhuong 4,863]

The statement states "they are the children of a citizen by birth (me) that there is no waiting for a visa" NOW she may have meant something different, but that wasn't what she wrote. The rest of your post I was not questioning.

I guess it depends on which phrases you connect together. I see "citizen by birth (me)" as meaning she is a citizen by birth. Her opening post makes this relatively clear.

[Kazulie 132]

On the uscis page they clearly states that in their eyes, since I am married to their father I am their mother and am responsible for their care and financially. Obviously I know I am not their biological mother but once they get here, the government no longer cares if I gave birth to them or not. They are now my responsibility. Of course I would never try to pretend that they don't have a mother back home and they are too old to not know that anyway.

On all forms they are my children and I am their mother, no "step" involved. That's why I phrased it like that.

Thanks for all the responses. Involving the kids, we will send the I-130s this week and then follow instructions from there. As far as my husband, we will also wait for his approval and for instructions on DNA tests and biological mother's "quit" process.

Thank you all!

[Kazulie 132]

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.

So, what is the process once the I-130 for my husband gets approved? I'm trying to research on here but most topics have to do with spouses that aren't n the country yet and mine is. Once the I-130 is sent to the NVC, what will they ask of me? Forms? Fees? (just speaking about my husband now). Does anything written in LingChe NVC short cuts pertain to me? I see a lot of posts about a IV package. Does that pertain to me? Good lord this gets confusing!

Thanks in advance!

[Kazulie 132]

I realize that this thread has been inactive for quite some time but I'll start with postin this here and if no one responds I'll move it elsewhere.

Quick background: I am the US citizen. My husband is here in the States with me and I have filed his I-130 and will file his I-485 upon approval. I soon will be applying for the I-130s for my step children (who are still in Nigeria).

So my hopel is still to get the kids here by the end of this summer ( I know most people will say this is very unrealistic). Due to a mistake on our part, we have been set back in time with sending out the boys' I-130 but should be getting it out by the end of the month.

Today I was looking around the uscis website and I came across something that said in the k3/k4 category, people can come over while waiting for their I-130s to be approved. I know my children do not qualify for a K4 as my husband is already here and has been here for years, but if the K4 people can come over while waiting approval, shouldn't that mean that my kids should be able to as well?

I called uscis to see what they had to say at it wasn't much. He said that I should go to cbp.org because it would be border controls decision to let them in or not. Um, what? That doesn't sound right! I mean, it might be their decision, but I would think there should be a definite answer to this question and not a "show up at the airport and see if border patrol allows you to fly" type of situation.

Thoughts please and thank you?!?!

[JimVaPhuong 4,863]

I realize that this thread has been inactive for quite some time but I'll start with postin this here and if no one responds I'll move it elsewhere.

Quick background: I am the US citizen. My husband is here in the States with me and I have filed his I-130 and will file his I-485 upon approval. I soon will be applying for the I-130s for my step children (who are still in Nigeria).

So my hopel is still to get the kids here by the end of this summer ( I know most people will say this is very unrealistic). Due to a mistake on our part, we have been set back in time with sending out the boys' I-130 but should be getting it out by the end of the month.

Today I was looking around the uscis website and I came across something that said in the k3/k4 category, people can come over while waiting for their I-130s to be approved. I know my children do not qualify for a K4 as my husband is already here and has been here for years, but if the K4 people can come over while waiting approval, shouldn't that mean that my kids should be able to as well?

I called uscis to see what they had to say at it wasn't much. He said that I should go to cbp.org because it would be border controls decision to let them in or not. Um, what? That doesn't sound right! I mean, it might be their decision, but I would think there should be a definite answer to this question and not a "show up at the airport and see if border patrol allows you to fly" type of situation.

Thoughts please and thank you?!?!

I think most of these questions have been answered in this thread.

You've slowed down your husband's adjustment of status by waiting to file his I-485. If the I-130 is approved, and you haven't yet filed the I-485, then USCIS is going to presume that your husband will be applying for a visa at the consulate in his country, and they're going to send the approved petition to NVC. You DON'T WANT his I-130 being sent to the NVC. That's Department of State. If you submit the I-485 AFTER the petition is approved then USCIS is going to have to ask Department of State to return the petition so that they can adjudicate the I-485. If you have a copy of the acceptance notice for the I-130 then SEND THE I-485 NOW! You want to KEEP HIS I-130 at USCIS!

Since you haven't filed the I-130's for the kids yet, it would take a minor miracle for the kids to get visas and be in the US before the start of the school year. Considering that you're dealing with the US consulate in Lagos, and the biological parent in this case is the father, I have a strong suspicion they'll be asking for a DNA test. This will add several months minimum to the total processing time.

K visas are the only type of family based visas that allow an immigrant to enter the US before completing the immigration process. The K visas for step-children are the K2 and K4. The K2 is for the child of the fiance of a US citizen, and the K4 is for the child of the spouse of a US citizen. Both the K2 and K4 are derivative visas. This means the eligibility of the applicant is derived from the eligibility of the principal beneficiary, and the eligibility of the principal beneficiary is established by an approved petition. There is no separate petition for a derivative visa. A petition is filed for the principal beneficiary. If that petition is approved then the principal beneficiary becomes eligible to apply for a visa. When the principal beneficiary becomes eligible to apply for a visa then anyone who qualifies as a derivative becomes eligible to apply for a visa. The derivative visas cannot be approved unless the principal beneficiary's visa is approved.

The only way your step-kids could get a K4 visa is if your husband returned to Nigeria and you filed a K3 visa petition for him. What you did instead was you filed an immigrant visa petition for your husband. His visa category is CR1 - a spouse of a US citizen who has been married for less than two years. CR1 is an immediate relative visa category. Immediate relative visas cannot have derivatives. His kids cannot derive eligibility from his approved petition. They'll each need a separate petition, and they won't be eligible to apply for a visa until those petitions have been filed and approved.

You're trying to think of creative ways to expedite the process, but you're grasping for a solution that doesn't exist. The sooner you file the I-130's for the kids, the sooner they will get their visas.

[Kazulie 132]

I think most of these questions have been answered in this thread.

You've slowed down your husband's adjustment of status by waiting to file his I-485. If the I-130 is approved, and you haven't yet filed the I-485, then USCIS is going to presume that your husband will be applying for a visa at the consulate in his country, and they're going to send the approved petition to NVC. You DON'T WANT his I-130 being sent to the NVC. That's Department of State. If you submit the I-485 AFTER the petition is approved then USCIS is going to have to ask Department of State to return the petition so that they can adjudicate the I-485. If you have a copy of the acceptance notice for the I-130 then SEND THE I-485 NOW! You want to KEEP HIS I-130 at USCIS!

Since you haven't filed the I-130's for the kids yet, it would take a minor miracle for the kids to get visas and be in the US before the start of the school year. Considering that you're dealing with the US consulate in Lagos, and the biological parent in this case is the father, I have a strong suspicion they'll be asking for a DNA test. This will add several months minimum to the total processing time.

K visas are the only type of family based visas that allow an immigrant to enter the US before completing the immigration process. The K visas for step-children are the K2 and K4. The K2 is for the child of the fiance of a US citizen, and the K4 is for the child of the spouse of a US citizen. Both the K2 and K4 are derivative visas. This means the eligibility of the applicant is derived from the eligibility of the principal beneficiary, and the eligibility of the principal beneficiary is established by an approved petition. There is no separate petition for a derivative visa. A petition is filed for the principal beneficiary. If that petition is approved then the principal beneficiary becomes eligible to apply for a visa. When the principal beneficiary becomes eligible to apply for a visa then anyone who qualifies as a derivative becomes eligible to apply for a visa. The derivative visas cannot be approved unless the principal beneficiary's visa is approved.

The only way your step-kids could get a K4 visa is if your husband returned to Nigeria and you filed a K3 visa petition for him. What you did instead was you filed an immigrant visa petition for your husband. His visa category is CR1 - a spouse of a US citizen who has been married for less than two years. CR1 is an immediate relative visa category. Immediate relative visas cannot have derivatives. His kids cannot derive eligibility from his approved petition. They'll each need a separate petition, and they won't be eligible to apply for a visa until those petitions have been filed and approved.

You're trying to think of creative ways to expedite the process, but you're grasping for a solution that doesn't exist. The sooner you file the I-130's for the kids, the sooner they will get their visas.

Thanks for your response.

My husband is in removal proceedings when we filed which is why we HAD to wait on he I-485.

We also have to wait for an amended divorce decree before we can file for the kids.

Thanks. I just cant wait for this all to be over with.