Stand alone I-130 for stepchild(ren)

[dancehallquana 5]

Masha is 14, yep you are close were just off beltline and 67

ha.. yes..im off 20 and cedar ridge..

are u looking at cedar hill school district??

my 15 yr old goes to TAG magnet, but she started at the school my youngest daughter goes to..which is a charter school..

i worry about where i will start the boys out.. i want it to be a easy transition.. i know how cruel kids can be when ur different or talk different.. my hubby (their dad) says they will be fine.. they have to roll with the punches.. i jus want the teachers and staff to be understanding and compassionate even if the kids arent always..

[beejay 123]

ha.. yes..im off 20 and cedar ridge..

are u looking at cedar hill school district??

my 15 yr old goes to TAG magnet, but she started at the school my youngest daughter goes to..which is a charter school..

i worry about where i will start the boys out.. i want it to be a easy transition.. i know how cruel kids can be when ur different or talk different.. my hubby (their dad) says they will be fine.. they have to roll with the punches.. i jus want the teachers and staff to be understanding and compassionate even if the kids arent always..

I'm not in the same region you but I'm also looking at charter schools for the kids when they come I'm not so much worried about the other kids as getting lost in the system. I think if they were a few years younger I would think differently but as they both are at or near the end of elementary school age I'm absolutely looking at alternative programs. I know charter schools can be vastly different from one another but what made you look at charter school in the first place? Are you happy with the one your daughter is at now?

[Kazulie 132]

We will definitely be going the charter/private/selective enrollment school route. I live in Chicago and the public schools here are ####!!! Not only will my kids probably be murdered before they get the chance to graduate, but if they DO make it to graduation, they will probably be dumber than when they went into the school.

Reasons for charter/public/selective enrollment schools:

-better education

-safety

-location

The only public schools I would send my kids to are in suburbs that not only are so rich that I can't even afford to rent there ( must live in-district for public schools), but they are so diversely lacking that I feel bad sending the kids there. But when it comes down to it, a better, safer education beats out a dangerous, poor level of education, diverse school ANY day! If I have to find other ways to get them their fill of diverse friends (which I believe every child should be exposed to) then I will do what I have to do.

[beejay 123]

That's been one of my things as well I want the kids to be in a school that is diverse and has a significant ELL population as well a provide a good education. It's tough finding all three. Schools in the area, as with everywhere around the country, have class sizes getting bigger, programs getting cut, teachers getting stressed and it's turning into a very negative environment for education. Hopefully the charter schools I'm looking at will be a good fit.

[jerkchixlvr 2]

Thanks Beejay for pointing me to this forum.

My husband and I have been married about 2 years. I am a USC and he is a GC holder since Feb. At the moment we are trying to work out ways to bring my step-son here. Originally, we really wanted him to be here for the summer and then go back home in August to complete the school year and file for him starting next year, so we filed for a tourist visa which was not granted. Anyone try this route and then file for a I-130 afterwards? What were the outcomes? Did you wait a specific timeframe? Due to some changes in my step-sons living situation i am just trying to see what others have experienced.

[beejay 123]

Welcome jerkchixlvr!

We never applied for a visit visa for the kids but my husband was denied one before we were married when we were living overseas together and it was never an issue throughout our whole 'journey'. I think you're asking whether being denied for a tourist visa will affect the immigrant visa petition for your stepson and the answer is it will not except in very specific circumstances - like if he was denied the visa because of a finding of fraud or misrepresentation or I believe being found guilty of a crime of 'moral turpitude' or 'CMT'- which I will assume does not apply in the case of your stepson. So as long as you have everything in order you can apply tomorrow if you like

To better explain the reason, the tourist visa is a non-immigrant visa and the C/IR-2 is immigrant visa so the things that hurt you when applying for a tourist visa (too many ties to the US) don't matter when applying for an immigrant visa because you are in fact applying for permission to immigrate. In most cases a denied tourist visa is not a 'blackmark' on an immigrant visa petition/application and many of those vjers who come from non-VWP countries usually have one in their past.

[Kazulie 132]

Thanks Beejay for pointing me to this forum.

My husband and I have been married about 2 years. I am a USC and he is a GC holder since Feb. At the moment we are trying to work out ways to bring my step-son here. Originally, we really wanted him to be here for the summer and then go back home in August to complete the school year and file for him starting next year, so we filed for a tourist visa which was not granted. Anyone try this route and then file for a I-130 afterwards? What were the outcomes? Did you wait a specific timeframe? Due to some changes in my step-sons living situation i am just trying to see what others have experienced.

You should file for his I-130 now. It'll most likely take 9 to 11 months and then he has 6 months after getting his visa to come to the States. So if you're trying to have him here sometime within the next year or year and a half you should think about applying now. That way you won't be in a rush and it won't be so hard on you because you won't feel like, "will immigration hurry up with our visa?!?!?!", like so many of us feel.

But remember, he has to enter within 6 months of getting the visa.

[jerkchixlvr 2]

Thanks all! So just a couple of form-related questions on the 130. For question A1, did you state that this is for your child? Under section C - questions about your relative, questions 9 and 10, did you leave those blank or write in "n/a"? ALso, for those who have filed where the other parent is alive or if joint-custody for the children, did you include anything with the 130 submission from the other parent stating that they grant permission for their child to live with you and your spouse in the US? Did you include any other supporting documentation with your submission?

When I filed for my husband, we used a lawyer who was ridiculously expensive and all she did was fill out the paperwork. Advice and guidance was extra, so i really felt duped and cheated. I figured I could do this one alone, and then as the paperwork progressed if there was a legal necessity than i would seek legal assistance.

[jimnlena 8]

Wow got RFE paper work today, ?????? did I miss a step????? Requests secondary evidence of marital relationship, IE tax return, photos, insurance blah blah. I did not see that asked for anywhere, except filing for LOC. ??? I am surprised, everyone else include this stuff??

Edited June 25, 2012 by jimnlena

[beejay 123]

Wow got RFE paper work today, ?????? did I miss a step????? Requests secondary evidence of marital relationship, IE tax return, photos, insurance blah blah. I did not see that asked for anywhere, except filing for LOC. ??? I am surprised, everyone else include this stuff??

It isn't asked for in the requirements and I know we didn't include anything like that (except pics of us and the kids) but CSC/NVC whoever can always ask for extra documents/information if they feel like they might need it to make a decision on your case . (During our AOS they sent 2 RFEs asking for the same document that didn't exist). It looks like you are in the midst of ROC so at least the stuff they are asking for should be really easy to compile and once sent back the RFE should only set you back maybe 2 weeks. It's too bad they can't just look up your ROC and see all that information. But chances are good that once they receive the info you should be on your way to NVC

On another note - Wow CSC is moving along!!

[beejay 123]

Thanks all! So just a couple of form-related questions on the 130. For question A1, did you state that this is for your child? Under section C - questions about your relative, questions 9 and 10, did you leave those blank or write in "n/a"? ALso, for those who have filed where the other parent is alive or if joint-custody for the children, did you include anything with the 130 submission from the other parent stating that they grant permission for their child to live with you and your spouse in the US? Did you include any other supporting documentation with your submission?

When I filed for my husband, we used a lawyer who was ridiculously expensive and all she did was fill out the paperwork. Advice and guidance was extra, so i really felt duped and cheated. I figured I could do this one alone, and then as the paperwork progressed if there was a legal necessity than i would seek legal assistance.

Sorry I had to go back and look at the I-130

A.1 - yes, you are filing for your child

C.9 I think I put NONE for both of those because in theory they could have an SSN or A number but they don't so it's not N/A but NONE ....but to be honest I don't think it's going to make a huge difference if you put N/A instead.

Parent Permission - I think this may come into play at the embassy but we did include a letter from their mother stating that she was giving her permission for the children to move and 'permanently immigrate' to the US. Some countries may have official documents that will need to be filled out in order for the child to move so it might be worth looking into that but for now if you want to get the packet sent off and it's easy enough to get a letter from the other parent then I would do that. We had the letter in Tagalog and English and had an original signature on both letters (probably 1 original signature would have been enough).

I think you will be fine handling the filing on your own , no need for a lawyer unless you start feeling overwhelmed.

[beejay 123]

jerkchixlvr - I forgot to add that because it states in the I-130 instruction form that when a father is filing for a child 'out of wedlock' to include proof of support and proof of interest in child's welfare so we also had the mother talk about how my husband has financially supported the children since their birth and how he has acknowledged them as his children and maintained a relationship with them. We included proof of this as well in our packet.

[jerkchixlvr 2]

jerkchixlvr - I forgot to add that because it states in the I-130 instruction form that when a father is filing for a child 'out of wedlock' to include proof of support and proof of interest in child's welfare so we also had the mother talk about how my husband has financially supported the children since their birth and how he has acknowledged them as his children and maintained a relationship with them. We included proof of this as well in our packet.

Thanks Beejay! What kind of information (bessides the letters from the birth mother- one stating that she gives permission for my step-son to move here, and another stating that my husband and his son have a relationship and that my husband is the sole financial support) did you include. We have photos of the two of them together from his more recent visit. I have e-mails between me and my husbands family requestin photos of my step-son to give to my husband (when we were still dating). I have a video I can send from my step-sons birthday last year where he thanks me and my husband, giving us cake through the camera.

[beejay 123]

Although the video sounds really cute CSC, NVC or the embassy won't accept any electronic media but photos are good. You should keep in mind that what establishes your petitionable relationship to your stepson is your USC status and your marriage to his father and your b/c and marriage cert are what prove that. What you should focus on now is your husband's relationship with his son... although it won't hurt your case that you already have a relationship with your stepson You don't need a ton of photos but ideally it would be best if you included photos that spanned from the time your stepson was a baby until now and preferably included your husband. You want the CO/IO whoever to 1. see that the child on the b/c is in fact the child at the interview 2. That your husband has been present throughout his life. I would also print out a few chat records or call logs just to show that they have regular communication and any records you have of his financial support would be good too. Just include what you have and don't stress if you don't have something. (Although these items are mentioned in the instruction form I think if a father was petitioning for his 'out of wedlock' minor child and did not have involvement in their life but a DNA test showed paternity I would think the petition, barring other problems, would get approved. I think showing these things just makes the case easier. However if they do doubt paternity they can ask for a DNA test)

Short answer

-no electronic media (won't be accepted) but you could take still from the video and print them

+photos showing son from baby to now (if you have) and preferably include his father in photos

+call log/chat records/skype log (to show communication between father and son)

+documents showing financial support (western union records for example)

My answer is based on the fact that my husband's name was not on b/c so I wanted to include as much evidence as I could. I know not everyone on here is in the same position as us but are these items similar to what everyone else sent?

[jerkchixlvr 2]

Although the video sounds really cute CSC, NVC or the embassy won't accept any electronic media but photos are good. You should keep in mind that what establishes your petitionable relationship to your stepson is your USC status and your marriage to his father and your b/c and marriage cert are what prove that. What you should focus on now is your husband's relationship with his son... although it won't hurt your case that you already have a relationship with your stepson You don't need a ton of photos but ideally it would be best if you included photos that spanned from the time your stepson was a baby until now and preferably included your husband. You want the CO/IO whoever to 1. see that the child on the b/c is in fact the child at the interview 2. That your husband has been present throughout his life. I would also print out a few chat records or call logs just to show that they have regular communication and any records you have of his financial support would be good too. Just include what you have and don't stress if you don't have something. (Although these items are mentioned in the instruction form I think if a father was petitioning for his 'out of wedlock' minor child and did not have involvement in their life but a DNA test showed paternity I would think the petition, barring other problems, would get approved. I think showing these things just makes the case easier. However if they do doubt paternity they can ask for a DNA test)

Short answer

-no electronic media (won't be accepted) but you could take still from the video and print them

+photos showing son from baby to now (if you have) and preferably include his father in photos

+call log/chat records/skype log (to show communication between father and son)

+documents showing financial support (western union records for example)

My answer is based on the fact that my husband's name was not on b/c so I wanted to include as much evidence as I could. I know not everyone on here is in the same position as us but are these items similar to what everyone else sent?

LOL thanks! Time to gather all the information, and be thankful that I am obsessive about keeping those Western Union receipts. lol I suppose it would be rude of me to gloat to my hubby that me being organized does have its place. And he thought i was just collecting paper... Anyhoo - I could have sworn that I saw a guide on here about filing the 130 for children and now I can't find it to save my life now that I am at my computer to save the link. I found this one for spouses (http://www.visajourney.com/content/i130guide2) but i swear there was one for children...

Then, once I collect everything, the real fun of waiting and obsessively refreshing the USCIS Case Status page will commence...