Jump to content
Sign in to follow this  
babyvet18fe

I-130 for Step Son

12 posts in this topic

Recommended Posts

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


-Jamie

Share this post


Link to post
Share on other sites

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.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites

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...?


-Jamie

Share this post


Link to post
Share on other sites
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...

Share this post


Link to post
Share on other sites

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?


-Jamie

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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?


-Jamie

Share this post


Link to post
Share on other sites

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.


-Jamie

Share this post


Link to post
Share on other sites

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????? :dance:


Feb 14, 2010 - Engaged :-)
Apr 17, 2010 - Married
May 24, 2010 - I-130 Sent to USCIS
Oct 20, 2010 - : I-130 NOA2 APPROVED..GOD IS GOOD!!!!! smile.png
Oct 26, 2010 : NVC Received
Dec 06, 2010 - Case Complete at NVC
Jan 24, 2011 - Medical exam
Feb 24, 2011 - Passed, welcome to USA
Mar 04, 2011 - POE - Detroit, MI
Mar 14, 2011 - SSN# Rec'd
Mar 24, 2011 - smile.png GC and Welcome Letter
Sept 19, 2011- Filed I-130 for my son (his step son)
June 14, 2013-APPROVED, 10 YR GC IN THE MAIL

Mar 3, 2014- N-400

May 12, 2014 Interview for Citizenship- PASSED!

June 12th, USA citizen - Oath Ceremony...all done here!!

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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!!


-Jamie

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×