I130 question(s)

[Ronn63 41]

Hi!! Here's the first group of many questions I'm sure!!

We are just now putting together the I-130 for my wife's daughter, (my step-daughter.) I know that I can petition her as my step-daughter, but where do I document that she is my step-daughter on the I-130? The only choice I have is 'Child'. Is there anywhere else I have to let USCIS know that she is my step-daughter?

In putting together the package, I need:

1. I-130

2. Copy of my passport

3. Copy of my step-daughter's birth certificate, (showing both parents names.)

4. Copy of our marriage certificate

5. Copy of my divorce decree

It gets a little fuzzy at this point. Her birth certificate does not show the name of the father. I have been given advice that this is not important in the Philippines as the mother is always the full custodial parent. I would like any clarification on this.

I guess that's it for now. All of the above and a check for $420 should take care of the initial filing?

Thanks in advance for your responses.

[r9dblanco 1]

That’s exactly what you need. If I was you, I would also put a notarize document stating that her mother has full custody of the child; therefore, her mother is the only one in the Child Birth Certificate. You don't want to get a checklist after a long wait.

[Ronn63 41]

Thank you r9d!! Follow up question: I've been looking at the app and guides, and I stumbled across the I-824 follow to join. I originally thought I couldn't use that as my step daughter was not named on the original I-129F app. According to the VJ guides, and the USCIS website, I can't find that requirement anywhere. I thinks it would be easier to use the follow to join benefit? If anyone can provide some guidance it would be GREATLY appreciated. I don't want to get my wife all excited over nothing.

[Ian H. 207]

If she wasn't on the original i129f, she isn't eligible for FTJ. Also, the notarized statement is unnecessary. For immigration purposes she is your child and that is why they require your marriage cert to her mother to prove that you are her stepfather. They will not think you are the biological father, therefore the correct box to check is child.

Also how old was the child when you married her mother? She had to be under 18 in order for you to petition for her.

[Ian H. 207]

Here is a link about the FTJ for a K2, she isn't eligible for it because she had to be on the i129f and the visa would have to be issued within a year of when your wife got her K1. Refer to page 4.

http://photos.state.gov/libraries/manila/306605/atienzalb/Revised%20K1%20Instruction%20Packet%20_3_.pdf

[Ronn63 41]

If she wasn't on the original i129f, she isn't eligible for FTJ. Also, the notarized statement is unnecessary. For immigration purposes she is your child and that is why they require your marriage cert to her mother to prove that you are her stepfather. They will not think you are the biological father, therefore the correct box to check is child.

Also how old was the child when you married her mother? She had to be under 18 in order for you to petition for her.

She was 5 at the time of our marriage. We are good in that department. I guess the I-130 is the way through then.

Thank you!!

[Ian H. 207]

Yes. That's the important thing, as long as the child was under 18 when you married, she is your child for immigration purposes and you can petition her in the same way you would a biological child.

Also, it doesn't matter that the birth cert doesn't show her dad's name. It only has to show her mom's name and they compare that to your marriage cert to make sure that you married her mother in order to prove the step relationship.

I don't know how custody laws work over there, but if the dad isn't on the BC, then it looks like she may not need his permission to take the child.

[Ronn63 41]

Yes. That's the important thing, as long as the child was under 18 when you married, she is your child for immigration purposes and you can petition her in the same way you would a biological child.

Also, it doesn't matter that the birth cert doesn't show her dad's name. It only has to show her mom's name and they compare that to your marriage cert to make sure that you married her mother in order to prove the step relationship.

I don't know how custody laws work over there, but if the dad isn't on the BC, then it looks like she may not need his permission to take the child.

Groovy!! Stand by for more questions!!!

[Gcoral1234 1]

Hi

I am new here i did not where to make the question but anyway i will appriciate if someone can help.

I am a us citizeb applied for my mom ( I130) on feb 2014 and is still in initial review???

Thanks!

[Ian H. 207]

You may want to contact USCIS, your case seems to be over processing times. According to the Nebraska Service Center, it should only be taking 5 months to receive NOA2. It should have been approved by now.

Hi
I am new here i did not where to make the question but anyway i will appriciate if someone can help.
I am a us citizeb applied for my mom ( I130) on feb 2014 and is still in initial review???
Thanks!

Edited October 18, 2014 by Ian H.

[Gcoral1234 1]

Ian

Thank you so much for your fast res

Ian thank you so much for your fast response,i called uscis and they said the same thing i have to wait... The sent me letter saying that is nothing new in the case

[Ian H. 207]

Then it should be approved soon because if you haven't received any RFE's they just probably have a high workload. You should contact your congressman and senators to put in a request, just in case. They may be able to get a better response.

[Gcoral1234 1]

Ian

I got a form i797c on feb 10,2014,after that nothing else only the letter that said that they can not give more info about the case.

I changed my address in july but in the same city

On July 30, 2014, your address was changed relating to the I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.

[Ian H. 207]

Yes, the notice that you received is what we on here call the NOA1 (notice of action), what you are waiting for now is the NOA2, which is the notice that your case is approved. As an immediate relative the process for your mom has been taking a long time especially if they see that the processing time for Nebraska is 5 months.

[Gcoral1234 1]

Good morning Ian

Today i called uscis again they told me if i got the letter saying that is noting new in the case they can not do anyrhing.

She said too that only depend of the officer working in te caSe and yes is still in initial review since feb 4 2014