I-130 documents for wife and Step child

[woodpeckersknee 0]

Hello everyone...

I am so thankful for this for this web site.

I read the instructions from USCIS on what documents to send in with an I-130 for my step Child. According to their web site they need :

1 fee.

2. I-130 filled out and signed

3. A copy of your U.S. birth certificate

4. Copy of my step child's birth certificate

5. A copy of your civil marriage certificate to your step-child’s biological parent

6. Proof of the legal termination of all previous marriages for you and/or the biological parent divorce decree

My question is this. Do I need a letter from the biological father granting his consent for my step child to immigrate to the United States? This I-130 will be sent along with the I-130 for my wife. I am aware that any i-130 coming from Vietnam needs additional proof of Bona Fide relationships.

Also, I took my wife's papers to a lawyer today to have them translated. The lawyer said I must include a copy of her family book and national identification card with my I-130 or the US govt. will send a RFE and slow the process down.

Any suggestion would be appreciated.

Woodpeckersknee

[phil09 8]

The lawyer said I must include a copy of her family book and national identification card with my I-130 or the US govt. will send a RFE and slow the process down.

This is pure BS. Only when your wife and stepson go to the interview at the US Consulate will they need to bring the family book and CMND along. That lawyer is taking you for a ride, Ask him to show you where in the I-130 instructions USCIS requests the family book and national IDs. He won't be able to, because it's not there.

And yes, the biological father of the child will need to give his consent. Just have him write something really simple, along the line "My name is XYZ, I was married to Ms [your wife] from [date] to [date]. My wife has since remarried after our divorce, and wishes to bring our son [name of son, DOB] to live with her new husband [your name] in the US. I have no objection to my son relocating to the US with his mother and stepfather."

Then have the biological father take it to the UBND where he lives and ask them to put their seal on it. Of course there is the inevitable "coffee money" to make it happen quicker. If he does it right, he'll be in and out of the UBND office in 10 minutes.

Have him do the document in 3 originals: one for him to keep, one to send to the US to you, and one for your wife because she'll have to produce the original when she goes to the interview.

I work as a volunteer at a non-profit that helps folks from VN. 90% of our caseload consists of people who want to do family reunification so I know this stuff intimately. Some of the lawyers and "consultants" who handle this stuff are so incompetent it's laughable. And they charge thousands of dollars for stuff you can easily handle yourself.

P.S.: in case you're not Vietnamese or are not familiar with Vietnamese acronyms:

UBND= The People's Committee, the local government office that handles everything administrative, especially taking bribes,

CMND= National ID card.

Edited August 22, 2013 by phil09

[woodpeckersknee 0]

Thank you for your reply. I do believe you know what you are talking about. I did tell the lawyer that she was wrong but it was enough to frighten my wife. Do I send the letter from the Ex husband along with the I-130 or will I produce it at the interview? Thanks again.

[phil09 8]

Do I send the letter from the Ex husband along with the I-130 or will I produce it at the interview?

You do need to include the letter from the biological father along with your I-130. Even though you have an original (one of the 3 originals I referred to in my earlier post), send in a copy. USCIS only wants copies of everything at this initial stage. The reason for that is, if the petitioner doesn't qualify for filing an I-130, USCIS can throw the whole package in the trash. If you sent in original docs, USCIS may feel obligated to return them to you. They do not want that hassle.

Tell your wife she has nothing to fear, as long as you follow the I-130 instructions rigorously. Lawyers and consultants prey on your fears and lack of knowledge. I have handled very thorny cases where the lawyers f...ed everything royally.

[woodpeckersknee 0]

Phil09,

Thank you for the help you gave me and thank you for the volunteer work. I am sure there are many famlies that are glad there are people like you in this world.

[phil09 8]

You're welcome.

Put any other questions you have on this board and I'll address them, that way others may benefit too. I don't post often, but I do visit this site every day.

[woodpeckersknee 0]

my wife called the ex-husband last night and asked him to write a letter giving us consent to take his daughter to the US. He said he would but it would take a couple of weeks. There is a chance he will change his mind and decide not to write it. Before my wife called him last night he had not contacted his daughter in over three months. What should we do if he decides not to sign a consent letter? The divorce decree gives my wife custody and support of the child and the father has visitation rights and no support.

My I-130 package is ready to be mailed. Should I wait and take a chance on the letter or should I send the I-130 now and send the letter later if and when we get it?

[phil09 8]

The ex-husband, just like the UBND as you will later find out, is just angling for money. In VN, when you hear "it will take a few weeks", mentally translate that into "I want a bribe."

Propose to the guy some financial compensation and magically he will agree to sign the letter right away. But before you do so, discuss with your wife how much to offer him. I would let your wife do all the talking and negotiating. If you step in (and I assume you're Caucasian), the ex-husband will see you as a walking bank account and will milk you for all it's worth. Unfortunately, it's very much like negotiating for a car in the US. And I am pretty sure his only motivation is greed because he didn't seem to have close ties with his daughter until this matter came up. BTW, how old is the daughter? You only need to do this "quit claim" if she's under 18.

DO NOT send in your I-130 without the quit claim because USCIS will simply refuse to look at it, and it will languish in some bureaucrat's drawer until all the paperwork is there. USCIS doesn't mess around when minors are involved, and rightly so. You absolutely need to have that letter, if you want the kid to come along with her mother. If she's 17, an alternative would be to do the I-130 for just her mother now. Next year, when she turns 18, you'd file a I-130 for her and you would no longer need the quit claim. As long as you got married to her mother before she [the daughter] is 18, your relationship with her is a father-child one as far as USCIS is concerned.

[woodpeckersknee 0]

Advice received and taken. After reading your post yesterday my step daughter called her father again. The excuse he gave her for the delay was that his mother is in the hospital. He does not have access to his family book which he will need when he has the letter stamped at the UBMD. My wife is convinced he is just being difficult because it is something she is asking him to do for her. He did not want the divorce but the court ruled against him, he has not gotten over his anger with her. We have decided to tread lightly and use the benefits for his daughter as well as his love for his daughter as our reason for him to sign the letter. We will know more in a couple of weeks... Thanks for the info.

[phil09 8]

Thanks for the update. Do keep us posted as to the outcome.