I-130 for Step Son

[babyvet18fe 1]

I am trying to bring my stepson here from out of country. I am a US citizen. My husband and I were married (he is a perminent resident) before the child was 18. I filed an I-130. My question is, once the I130 is approved and a Visa is issued (I dont have to wait for a Visa # to become available), will I need to file an AOS afterwards? Or will the I-130 result in a green card?

Thank you!

Jamie

[YuAndDan 153]

The I-130 will be sent to NVC, where you will have to send then I-864, and requested foreign documents like birth cert, police cert, etc... and then sent to the home country for interview and issuance of a visa to step child.

Once step-child enters the USA using the IR-2 visa they will be automatically issued a green-card, no adjustment of status needed.

[babyvet18fe 1]

The I-130 will be sent to NVC, where you will have to send then I-864, and requested foreign documents like birth cert, police cert, etc... and then sent to the home country for interview and issuance of a visa to step child.

Once step-child enters the USA using the IR-2 visa they will be automatically issued a green-card, no adjustment of status needed.

I was under the impression that you either file an I-130 or I-864? His father has been here 3 years on his Green Card, I thought I read that if it was later than 6 months, you needed to submit an I130. If my husband had been ehre less than 6 months, then I could have submitted an I-864. Did I read wrong or...?

[babyvet18fe 1]

and the website keeps saying that I can include the AOS application with the I-130 so Im very confused...

[Deputy Purple 1,294]

I was under the impression that you either file an I-130 or I-864? His father has been here 3 years on his Green Card, I thought I read that if it was later than 6 months, you needed to submit an I130. If my husband had been ehre less than 6 months, then I could have submitted an I-864. Did I read wrong or...?

and the website keeps saying that I can include the AOS application with the I-130 so Im very confused...

In a nutshell...

You as the USC will file an I-130.

Once the I-130 is approved it will move to NVC where you'll pay an AOS Fee and IV Fee. You'll also submit an I-864 and DS-320 packet for your stepson.

Upon Case Completion at NVC the file will be forwarded to the consulate for Consular Processing.

That's the 30,000 ft overview...

[babyvet18fe 1]

It looks like you are saying that I dont send the documentation with the I-130, but instead later with the I-864 but the instructions for the I-130 say to include those documents with that. The way I am reading it, I can either apply for his green card as my stepson with an I-130, as a US citizen, or my husband can apply for him as his child with the I-864 as a permenant resident. Did I read that incorrectly?

[Deputy Purple 1,294]

It looks like you are saying that I dont send the documentation with the I-130, but instead later with the I-864 but the instructions for the I-130 say to include those documents with that. The way I am reading it, I can either apply for his green card as my stepson with an I-130, as a US citizen, or my husband can apply for him as his child with the I-864 as a permenant resident. Did I read that incorrectly?

Each stage requires it's own documentation.

For the I-130 you only need to prove that you are a US Citizen and have a Petition-able Relationship with the beneficiary.

Your USC Status is proved either by a US Issued Birth Certificate, US Passport or Naturalization Certificate.

The relationship is usually accomplished by proving you're married to the child's legal/biological parent (so you provide your marriage certificate) and the child's birth certificate to prove the parent/child relationship.

That's all that you need for the I-130.

You are correct your husband can apply for him as an LPR but then there won't be an immediate Visa Number available and he'll have to wait a few to many years for one. Your husband would also have to file an I-130.

I think maybe you are confusing as few things. Depending on how your husband arrived (K-1 or CR/IR Visa) his son may have qualified for FTJ (Follow to Join) benefits within 1 year of your husband's visa issuance.

If you were already married before he arrived then you could have filed an I-130 for each of them and brought the child at the same time.

If you husband was in the US by other means and you AOSed him in country then you could have started the I-130 process before your husband's AOS was approved or either of you could have filed an I-130 anytime after your husband was approved.

[babyvet18fe 1]

In a nutshell...

You as the USC will file an I-130.

Once the I-130 is approved it will move to NVC where you'll pay an AOS Fee and IV Fee. You'll also submit an I-864 and DS-320 packet for your stepson.

Upon Case Completion at NVC the file will be forwarded to the consulate for Consular Processing.

That's the 30,000 ft overview...

So I will just pay the AOS fee and IV fee...does that mean I dont actually have to fill out those forms? Just pay the fees? What is "IV"?

Also, will my stepson be able to come here once the I-130 is approved? He wouldnt have to wait for this I-864 and AOS in his country, will he?

I appreciate all the responses

So I will just pay the AOS fee and IV fee...does that mean I dont actually have to fill out those forms? Just pay the fees? What is "IV"?

Also, will my stepson be able to come here once the I-130 is approved? He wouldnt have to wait for this I-864 and AOS in his country, will he?

I appreciate all the responses

My apologies; what is a DS-320 packet?

[babyvet18fe 1]

Each stage requires it's own documentation.

For the I-130 you only need to prove that you are a US Citizen and have a Petition-able Relationship with the beneficiary.

Your USC Status is proved either by a US Issued Birth Certificate, US Passport or Naturalization Certificate.

The relationship is usually accomplished by proving you're married to the child's legal/biological parent (so you provide your marriage certificate) and the child's birth certificate to prove the parent/child relationship.

That's all that you need for the I-130.

You are correct your husband can apply for him as an LPR but then there won't be an immediate Visa Number available and he'll have to wait a few to many years for one. Your husband would also have to file an I-130.

I think maybe you are confusing as few things. Depending on how your husband arrived (K-1 or CR/IR Visa) his son may have qualified for FTJ (Follow to Join) benefits within 1 year of your husband's visa issuance.

If you were already married before he arrived then you could have filed an I-130 for each of them and brought the child at the same time.

If you husband was in the US by other means and you AOSed him in country then you could have started the I-130 process before your husband's AOS was approved or either of you could have filed an I-130 anytime after your husband was approved.

My husband came on a K-1 visa, we then married, and applied for an AOS. That was three years ago. All I've done now for his son is submit the I-130. Im confused mostly about what happens next, when he will be able to come, and how much more money and how many more forms I am going to have to fill out. I thought it was as easy as fill out the I-130, he gets a visa and comes here. I figured I might have to do an AOS once he was here...but now I dont really know what happens next.

[Abby62 23]

I am in the same boat. I just received notification that my son (USC's stepson) was approved at the USCIS level and it has been moved to the NVC level. That was March 3rd, I have not heard one thing from the NVC. I hope i'm not missing something????

I did email the NVC this a.m. with the USCIS receipt number. I'm hoping they will email me back soon with what to do next?????

[Deputy Purple 1,294]

So I will just pay the AOS fee and IV fee...does that mean I dont actually have to fill out those forms? Just pay the fees? What is "IV"?

Also, will my stepson be able to come here once the I-130 is approved? He wouldnt have to wait for this I-864 and AOS in his country, will he?

My apologies; what is a DS-320 packet?

No, first you will pay the AOS (Affidavit of Support) & IV (immigrant Visa) Fees ($88 & $404 respectively) to NVC.

Then you will submit the I-864 (AOS) Packet & the DS-230 (Immigrant Visa Application.) Packet to NVC.

For IR (Immediate Relative) Visas there is not Adjustment of Status as they are grant LPR Status upon Entry.

My husband came on a K-1 visa, we then married, and applied for an AOS. That was three years ago. All I've done now for his son is submit the I-130. Im confused mostly about what happens next, when he will be able to come, and how much more money and how many more forms I am going to have to fill out. I thought it was as easy as fill out the I-130, he gets a visa and comes here. I figured I might have to do an AOS once he was here...but now I dont really know what happens next.

Here is the guide for bringing children.

[babyvet18fe 1]

No, first you will pay the AOS (Affidavit of Support) & IV (immigrant Visa) Fees ($88 & $404 respectively) to NVC.

Then you will submit the I-864 (AOS) Packet & the DS-230 (Immigrant Visa Application.) Packet to NVC.

For IR (Immediate Relative) Visas there is not Adjustment of Status as they are grant LPR Status upon Entry.

Here is the guide for bringing children.

Thank you...you have been so very helpful!!