IR-1/CR-1 DCF Filing I-130s for spouse and her children

[Lindsaymm88 0]

Hello,

I am a USC living in the UK. I am about to submit 3 I-130s for my wife and our two children (via DCF in London). She is the biological mother of our childen, so I am not able to apply for citizenship for them. I am just confirming that they should also be applied for as I-130's and I should tick the 'child' option in section A., box 1 of form I-130? It just seems odd that they are recognised as my children for purposes of this form, but not for purposes of US citizenship. Is there a separate version of the I-130 when applying for dependent children of your spouse or are they automatically considered your children?

Further info - my partner and I are both women, married since 2008 (civil partnership conversion backdated in the UK) and our children were born in 2012. She is listed as their mother on the birth certificate of both children and I am listed as the other parent.

Thanks for any advice!

[NikLR 13,227]

~~moved to DCF from IR1 process and procedures~~

[Darnell 8,478]

it's one form per human, one fee per human,

so 3 I-130's with 3 fees.

The I-130 is a multipurpose form, with your exact situation I not have enough knowledge to be useful.

[Nich-Nick 3,354]

Hello,

I am a USC living in the UK. I am about to submit 3 I-130s for my wife and our two children (via DCF in London). She is the biological mother of our childen, so I am not able to apply for citizenship for them. I am just confirming that they should also be applied for as I-130's and I should tick the 'child' option in section A., box 1 of form I-130? It just seems odd that they are recognised as my children for purposes of this form, but not for purposes of US citizenship. Is there a separate version of the I-130 when applying for dependent children of your spouse or are they automatically considered your children?

Further info - my partner and I are both women, married since 2008 (civil partnership conversion backdated in the UK) and our children were born in 2012. She is listed as their mother on the birth certificate of both children and I am listed as the other parent.

Thanks for any advice!

Have you tried the CRBA path? It is certainly new territory, but same sex marriages are creating changes to established policies.

[Lindsaymm88 0]

Have you tried the CRBA path? It is certainly new territory, but same sex marriages are creating changes to established policies.

CRBA is not an option for me unfortunately as they are not my biological children. I looked in depth into that option after the UK same sex marriage laws were passed and we knew I could sponsor my partner/wife. Despite being named as a legal parent on their birth certificate, they are not recognised as my children for citizenship purposes. The same goes for USC women who have IVF abroad using a donor's eggs, their children are not automatically granted US Citizenship, although I believe there have been some recent changes for women who are the gestational parent, but nothing that would apply in my instance.

I am fairly certain that the three I-130s is correct, basically applying as though they are step-children, it just throws me that I am selecting child rather than 'step-child' or something of that nature in the first box.

Thanks,

Lindsay

[Lindsaymm88 0]

it's one form per human, one fee per human,

so 3 I-130's with 3 fees.

The I-130 is a multipurpose form, with your exact situation I not have enough knowledge to be useful.

Yes, I think this is correct for my case. I'm going to go ahead and send them in. I was just confused about the limited number of options in the first section (spouse, parent, child), there is no option for 'dependent child of spouse' or 'stepchild' that's all.