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Eric-Pris

USC to petition for her 2 minor kids

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My wife recently became a USC and we are now going to petition for her 2 kids, oldest being 16.

We need to send in an I-130 for each. Are they mailed together or separately?

What type of visa do they arrive in the US with? IR-2, correct?

Do we also need to file an I-485? Since my wife is now a USC, the kids will become USC as soon as they arrive in the US with a immigrant visa. They don't need green cards.

This is somewhat confusing.

Thanks for the help.

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Hi! Your information from about a year ago is how I figured out that we would have to immigrate my stepson here (denied tourist visa - told he would never be granted one...)

Yes, I-130 + fee for each. Probably you can mail them together , as long as each set is clearly separate (I mailed both NVC packages in the same envelope and there were no problems). Since USCIS only requires copies, you should make sure each package stands alone and has all the required documents - the cases are not processed together and I have seen several that were approved at different times (Not sure how that works at NVC - if you can use the same original/certified copy documenst for multiple kids, also if they at least try to interview them on the same day... I would think yes). Definitely your wife should be the petitioner - so that when you get to the NVC stage, you will file an I-864W (waiver), which the kids over 14 will sign themselves. No supporting documents required for that. Though you do still have to pay the AOS fee ($88), and it counts for at least 2 people - someone mentioned recently that they thought it only covered two but I have no idea what the final verdict was on that. The 16-year-old will need a police certificate (my stepson had one issued that covered the 4 weeks that he was 16!).

I don't know what I-485 is (must be Adjustment of Status, if your wife came in on a K-1 or was already here when you married?). Anyway, not required. Your stepkids will immediately become citizens.

Join the stepkids thread here! Great bunch there. There are a couple of folks in there with situations like ours (USC spouse petitioner). Also check out the wiki about IR-2s and when you get to the NVC stage, most of the NVC info lies in a monthly thread in the IR-1/CR-1 forum (NOT the NVC forum). Good luck on speedy processing!!

Edited by SerenityNOW

[i am the USC and the wife/stepmother]
The prelude - 2007
November 22 - Married in Bulgaria.
CR-1 - 2008
January 7 I-130 sent - APPROVED in 106 days.
Interview - APPROVED 175 days from NOA-1 date
ROC - 2010-2011
October 5 - I-751 sent APPROVED 111 days from NOA-1 date, no interview.
NATURALIZATION - 2012
APPROVED 79 days.
May 9 - Oath ceremony - in Oakland, CA.

*************Didn't have enough of the immigration process yet!! Starting again with 16-year-old (step)son****************
IR-2 - 2012-2013
---USCIS---
Nov 15 - I-130 sent. NOA-1 received from MSC.
Jan 22 - APPROVED 65 days from NOA-1. Never transferred to field office.
---NVC---
Feb 4 - received @ NVC
Feb 26 - Got NVC Case # and Invoice ID #
----------------------------------slowing down the process a little... stepson can't come till nearly July-----------------------------
March 19 - Sent e-mail Choice of Agent, without scan of DS-3032. Paid AOS fee ($88).
April 1 - Choice of Agent information accepted (10th "working day" to accept).
April 3 - IV invoice appeared. Paid IV fee ($230).
April 11 - Sent IV package and AOS package TOGETHER. Confirmed delivery April 15.

April 26 - Case Complete (10th working day)

May 14 - Interview date assigned (12th working day)

June 5 - Interview in Sofia - VISA GRANTED!!!

June 16 - POE @ SFO. No problems. He's a citizen now!

Oct 4 - US Passport received. (SS card received some time in the summer; had to go to SSA office to obtain)

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