Bringing my wife's kids - what do I need to know?

[ElectricBlue30 0]

Hi All,

I'm filing for the CR-1 ... starting with the I-130 form and the G-325A...

What I'm still unclear about is exactly what forms I need to fill out for my wife's children?

First off, I've never technically 'adopted them'. I consider them my step kids, but are they legally? (this is in Australia).

What form do I need to fill out for them to come with us?

If it is an additional I-130, do I select "I am filing this petition for my: child" even though they are not my biological children?

Thank you,

[Aleks&Hajji 1]

Yes, I'm in the same situation - petitioning for my husband and 2 stepchildren. You need to fill out an i130 for all three of them and pay the fee for all three. There's a line on the second page that asks for relatives of the beneficiary that you are also petitioning for - so they will be linked together as they are processed.

Also see the form i130 instructions for 'child'. Your wife's children are considered yours too, no legal adoption necessary.

[ElectricBlue30 0]

Hi Aleks & Hajji,

Thank you for this... Could you clarify a few things?

1. You're saying to fill out ONE i130 for the three of them correct?

2. And then on page 2, line 17 I list my wife, and her two kids?

3. On page 1 under "I am filing this petition for my:" do I select both "Spouse" AND "Child"?

4. I haven't seen any official instructions for 'child'. Where are these i130 instructions for 'child' you're referring to?

Thank you so much for your help!

[NikLR 13,232]

No

EACH person immigrating needs an I-130 and their own set of documents. Also each needs their own fee. So for you that is 3 X I-130 and 3 X $420.

On line 17 you would list the spouse and children of YOUR RELATIVE. On your wife's form you would list you, and her children. On the children's forms you would write None.

Have you downloaded the instructions that are the same page as the I-130??

http://www.uscis.gov/i-130

[ElectricBlue30 0]

Hi All,

I'm petitioning for the CR-1, starting with I-130, for my wife and two kids, whom are NOT biologically mine... they are hers...

On the I-130, I'm selecting "Child" under "I am filing this petition for:" - but under "Are you related by Adoption?" Should I be selecting yes or no?

They are my step kids, but only through marriage. I never actually adopted them.

The obvious answer to the "Are you related by Adoption" question is NO, however I'm concerned that it would give the false impression that they are biologically my own children.

Thank you,

[apple21 953]

They won't think that because your name is not on their birth certificates.

[Hypnos 6,579]

You would answer "No".

[aaron2020 11,651]

You put "no" because you have not adopted them.

USCIS will know they are your step kids because you will show that link through their mother. Their birth certificates will show they are your wife's kids and you are not listed as the father. Your marriage certificate will show that you are married to their mom, and is therefore their stepfather. Pretty common deductions based on those two pieces of evidence.

[TBoneTX 47,292]

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