I-130 Questions

[jkf2112 0]

Hello all. I am new here, but I am marrying my fiancé in January in Bucharest Romania. We will then be filing the I-130 for her and her two children. Will I be filling out an I-130 (and paying the applicable I-130 fees) for all three? And if so does that mean that all of them may be approved at different times and have different visa processing times? Likewise, if the children are very young will they be required to do subsequent interviews? Some of this is confusing to me.

Thank you!

[Alaska2012 462]

Hello all. I am new here, but I am marrying my fiancé in January in Bucharest Romania. We will then be filing the I-130 for her and her two children. Will I be filling out an I-130 (and paying the applicable I-130 fees) for all three? And if so does that mean that all of them may be approved at different times and have different visa processing times? Likewise, if the children are very young will they be required to do subsequent interviews? Some of this is confusing to me.

Thank you!

You do need to fill out a form for each person, so yes 3 forms. If I'm not remembering wrong you do pay the fee for each person you are filing for. From my own personal experience my sons and my application were processed together at the same time even though I did get two case numbers. They will need to attend the interview but they will not be asked questions on their own. My son was standing next to me during my interview and the only question he got was if he looked forward to moving to the us.

Make sure your wife has a document stating she can move the kids to the us, a consent from the kids dad or a document saying she got sole custody.

Good luck!

[PhilC 5]

Fill out forms for each person. Request all the applications be processed together(they will). They only have to attend interview if they are older then 14 years old. All will require medical regardless of age.

[Alaska2012 462]

Fill out forms for each person. Request all the applications be processed together(they will). They only have to attend interview if they are older then 14 years old. All will require medical regardless of age.

No they have to attend the interview even if they are under 14, those were the rules in may anyway and I doubt they changed since then. Unless there are different rules for different countries but then embassy in her country will be able to inform you on how they do it.

Edited October 29, 2012 by Alaska2012

[jkf2112 0]

Thank you all for the answers. I am wondering, advice-wise, are we better to file K1 instead? Our marriage will obviously be relatively short at the time of filing and CR1 takes longer, although an attorney friend of mine has seen Cr1 as short as 7mo? I have been providing financially for them for a long time so that may help? Any advice will be very much appreciated.

[jkf2112 0]

Fill out forms for each person. Request all the applications be processed together(they will). They only have to attend interview if they are older then 14 years old. All will require medical regardless of age.

Is there a separate form to request they are all processed together?

Also, go you know if you can pay all the fees and submit all documents immediately after I-130 is approved or do you have to wait for NVC to send you the bill/forms?

Thanks!

[gstrength 20]

Thank you all for the answers. I am wondering, advice-wise, are we better to file K1 instead? Our marriage will obviously be relatively short at the time of filing and CR1 takes longer, although an attorney friend of mine has seen Cr1 as short as 7mo? I have been providing financially for them for a long time so that may help? Any advice will be very much appreciated.

If you get married you can not file K-1, If you file K-1 your wait time will be shorter but, you will have to marry within 90 days, and then start your AOS, EAD,etc. which translates into about a $1,000 extra, plus, around 90 days for your fiancee to be able to get EAD plus whatever it takes for the I-485 to work its way trough USCIS,and, keep in mind she will not be able to travel outside the USA without advance parole, So, I would rounded it up to about 9 months (plus the 3 or 4 Mos. you have already waited to get the K-1). If you go the IR-1/CR-1 route, it may take you 8 or 9 mos. but, as soon a your wife goes through POE,she gets a green card. I am posting a link that may help you to make a decision.

http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

[jkf2112 0]

Is it possible, still, to DCF?

[gstrength 20]

Is it possible, still, to DCF?

depends on your country

[jkf2112 0]

Romania. And thanks again.

[jkf2112 0]

Finally, does k2 visa have to apply for change of status etc? If not would the k1 visa be less expensive AND faster than cr1 with 3 I130s?

[gstrength 20]

Romania. And thanks again.

are you a Legal resident of Romania? If you are, then it might be possible but,Countries with U.S. Consulates Which DO NOT ALLOW DCF by Non-Resident Visitor U.S. Citizens (such as Romania)as a General Rule Under Normal Circumstances. (Exception: The Consulate has Inherent Discretion to Accept DCF Processing in any given case. Thus, if after contacting the Consulate directly about your situation, and if Consulate represents that it will process your particular case DCF, then under normal circumstances you should be able to rely on the representation. Keep in mind that circumstances and representations are subject to change with little or no advance notice, and thus any reliance is ultimately at the petitioner's risk.

[gstrength 20]

Finally, does k2 visa have to apply for change of status etc? If not would the k1 visa be less expensive AND faster than cr1 with 3 I130s?

--o The K1 visa enables US Citizens to bring their foreign fiance(e)s to the United States in order to get married.

--o The K2 visa allows unmarried children (under age 21) of the fiance(e) to move to the US as well.

The K1 visa is not an end in itself. It is only a single step in a procedure for obtaining permanent residency (a green card) based on a marriage to a US Citizen after entry.

[Ryan H 3,812]

Is it possible, still, to DCF?

Romania. And thanks again.

There is no USCIS field office in Romania and because of that, DCF is unavailable there.

[LauraDP 10]

My husband submitted I130s for myself and my four children earlier this month. We put each set of papers into a separate envelope and filled out the payment forms for each of the five petitions but then parcelled all of the envelopes up into once parcel so as to ensure they were clearly seen to be one group. We had to contact the London Embassy because they had missed one of the payments but we had it confirmed then that they will be treated as one case. Our situation is a little different in that my husband (the USC) is the father of all four of our children. You will probably have to evidence that the father of your future wife's children is not a block to them relocating to another country. I obviously have not experience of that I'm afraid but I am still pretty confident that the USCIS will bundle the children's I130s in with their mother's one. Incidentally, I am pretty sure that my children will have to attend the interview with me so I think you should work on that assumption.

Best wishes

Laura