Concurrent I130/I-485 For Step Child

[Canerican 242]

Hello,

My wife (US Citizen) is going to be filing for my son, her stepson. Here is what we have so far:

Please respond to questions and let me know how it looks?

I-130

1. I-130 Petition

2. Payment of $420

3.Evidence of stepmom's US Citizenship (US Birth Certificate and US Passport)

4. Copy of step child's birth certificate issued by foreign authorities showing both biological parents names and child's name

5. Copy of stepmom and I's marriage certificate to prove that we were married before step child's 18th birthday

6. Proof of legal termination of stepmom's previous marriages (I was never married to child's bio mom, do I need proof of this?)

7.Proof of stepchild/stepmom relationship

8. G-325A filled out by US Citizen stepmom, signed and dated

9. One passport style photo of the US Citizen stepmom

Do I need a G-325A for step child? (step child is 13, but will be 14 in May 2016)

Do I need one passport type photo of the step child? (step child is 13, but will be 14 in May 2016)

Since I am not petitioning do I still need to provide a copy of my green card?

I-485

1. I-485 Petition for Alien Relative

2. Payment of $985 (Again child is 13, but will be 14 in May 2016, do I need to add $85 biometrics fee?)

3. Step child's birth certificate issued by foreign authorities

4. Copy of step child's passport

5. I-693 Medical Examination for Aliens Seeking Adjustment of Status

6. I-864 Affidavit of Support

7. I-765 Application for Employment Authorization

8. I-131 Application for Travel Document

Do I need a G-325A for step child? (step child is 13, but will be 14 in May 2016)

Do I need two passport type photos of the step child? (step child is 13, but will be 14 in May 2016)

Thank you everyone for your assistance.

[newacct 688]

Hello,

My wife (US Citizen) is going to be filing for my son, her stepson. Here is what we have so far:

Please respond to questions and let me know how it looks?

I-130

1. I-130 Petition

2. Payment of $420

3.Evidence of stepmom's US Citizenship (US Birth Certificate and US Passport)

4. Copy of step child's birth certificate issued by foreign authorities showing both biological parents names and child's name

5. Copy of stepmom and I's marriage certificate to prove that we were married before step child's 18th birthday

6. Proof of legal termination of stepmom's previous marriages (I was never married to child's bio mom, do I need proof of this?)

7.Proof of stepchild/stepmom relationship

8. G-325A filled out by US Citizen stepmom, signed and dated

not needed

9. One passport style photo of the US Citizen stepmom

not needed

Do I need a G-325A for step child? (step child is 13, but will be 14 in May 2016)

no

Do I need one passport type photo of the step child? (step child is 13, but will be 14 in May 2016)

no

Since I am not petitioning do I still need to provide a copy of my green card?

no

I-485

1. I-485 Petition for Alien Relative

2. Payment of $985 (Again child is 13, but will be 14 in May 2016, do I need to add $85 biometrics fee?)

3. Step child's birth certificate issued by foreign authorities

4. Copy of step child's passport

5. I-693 Medical Examination for Aliens Seeking Adjustment of Status

6. I-864 Affidavit of Support

7. I-765 Application for Employment Authorization

8. I-131 Application for Travel Document

Do I need a G-325A for step child? (step child is 13, but will be 14 in May 2016)

yes

Do I need two passport type photos of the step child? (step child is 13, but will be 14 in May 2016)

yes

Thank you everyone for your assistance.

[KayDeeCee 4,891]

I-485

1. I-485 Petition for Alien Relative

2. Payment of $985 (Again child is 13, but will be 14 in May 2016, do I need to add $85 biometrics fee?)

3. Step child's birth certificate issued by foreign authorities

4. Copy of step child's passport

5. I-693 Medical Examination for Aliens Seeking Adjustment of Status

6. I-864 Affidavit of Support

7. I-765 Application for Employment Authorization

8. I-131 Application for Travel Document

Do I need a G-325A for step child? (step child is 13, but will be 14 in May 2016)

Do I need two passport type photos of the step child? (step child is 13, but will be 14 in May 2016)

Thank you everyone for your assistance.

The fee is just $985 for a child under 13 that is not filing an I-485 with a parent. No need for biometrics fee. > http://www.uscis.gov/i-485

Under 14 and not filing with the I-485 application of at least one parent | Form Fee: $985 | Biometric Services Fee: $0 | Total: $985

Child under 14 does not need a G-325A, but everyone needs the 2 passport photos.

From the I-485 instructions, Pages 3 and 4 > http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Initial Evidence

You must file your application with the following evidence:

...

4. Photos

You must submit two identical color photographs of

yourself taken within 30 days of the filing of this

application. The photos must have a white to off-white

background, be printed on thin paper with a glossy finish,

and be unmounted and unretouched.

...

5. Biometrics services

If you are between the ages of 14 and 79, you must be

fingerprinted as part of the USCIS biometrics services

requirement.

...

8. Form G-325A, Biographic Information Sheet

You must submit a completed Form G-325A if you are

between 14 and 79 years of age.

[Canerican 242]

KayDeeCee can you please chime in about the below quote and whether it is correct or not as well as answer the questions?

Hello,

My wife (US Citizen) is going to be filing for my son, her stepson. Here is what we have so far:

Please respond to questions and let me know how it looks?

I-130

1. I-130 Petition

2. Payment of $420

3.Evidence of stepmom's US Citizenship (US Birth Certificate and US Passport)

4. Copy of step child's birth certificate issued by foreign authorities showing both biological parents names and child's name

5. Copy of stepmom and I's marriage certificate to prove that we were married before step child's 18th birthday

6. Proof of legal termination of stepmom's previous marriages (I was never married to child's bio mom, do I need proof of this?)

7.Proof of stepchild/stepmom relationship

8. G-325A filled out by US Citizen stepmom, signed and dated

9. One passport style photo of the US Citizen stepmom

Do I need a G-325A for step child? (step child is 13, but will be 14 in May 2016)

Do I need one passport type photo of the step child? (step child is 13, but will be 14 in May 2016)

Since I am not petitioning do I still need to provide a copy of my green card?

[newacct 688]

Oops I meant

I-485

Do I need a G-325A for step child? (step child is 13, but will be 14 in May 2016)

no

Do I need two passport type photos of the step child? (step child is 13, but will be 14 in May 2016)

yes

since the child is under 14.

[KayDeeCee 4,891]

KayDeeCee can you please chime in about the below quote and whether it is correct or not as well as answer the questions?

They were correct about the I-130.

The USC just needs proof of citizenship. Neither one needs a G-325A, and you don't need evidence that your marriage to the bio mother is terminated since you never married her before. This is all you need for proving stepparent relationship.> http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

8. Stepparent/Stepchild: If your petition is based on a

stepparent-stepchild relationship, you must file your

petition with a copy of the marriage certificate of the

stepparent to the child's natural parent showing that the

marriage occurred before the child's 18th birthday, copies

of documents showing that any prior marriages were

legally terminated and a copy of the stepchild's birth

certificate.

[Canerican 242]

They were correct about the I-130.

The USC just needs proof of citizenship. Neither one needs a G-325A, and you don't need evidence that your marriage to the bio mother is terminated since you never married her before. This is all you need for proving stepparent relationship.> http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

8. Stepparent/Stepchild: If your petition is based on a

stepparent-stepchild relationship, you must file your

petition with a copy of the marriage certificate of the

stepparent to the child's natural parent showing that the

marriage occurred before the child's 18th birthday, copies

of documents showing that any prior marriages were

legally terminated and a copy of the stepchild's birth

certificate.

No need of a passport style photo either for the USC for the I-130?

[Canerican 242]

They were correct about the I-130.

The USC just needs proof of citizenship. Neither one needs a G-325A, and you don't need evidence that your marriage to the bio mother is terminated since you never married her before. This is all you need for proving stepparent relationship.> http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

8. Stepparent/Stepchild: If your petition is based on a

stepparent-stepchild relationship, you must file your

petition with a copy of the marriage certificate of the

stepparent to the child's natural parent showing that the

marriage occurred before the child's 18th birthday, copies

of documents showing that any prior marriages were

legally terminated and a copy of the stepchild's birth

certificate.

Why no G-325A for the USC for the I-130?

[ChristinaG 91]

My I-130 package did include the G-325A and photographs for both my US hubby and I (Cdn wife)

Here is the cover letter I used:

August 23, 2014

USCIS
Attn: I-130
131 South Dearborn-3^rd Floor
Chicago, IL 60603-5517

Subject: I-130 Petition for my spouse (Cdn spouse)

Dear Sir/Madam:

I, (US spouse), a citizen of the United States, would like to file a petition I-130 for my spouse, (Cdn spouse).

Please find enclosed the following required and supporting documents:

1. Completed and signed form I-130

2. Check for I-130 filing fee

3. Completed and signed form G-325A and photograph (US Spouse)

4. Completed and signed form G-325A and photograph (Cdn Spouse)

5. Copy of my birth certificate

6. Copy of our marriage certificate

7. Copy of divorce decree(s) of (US Spouse)

8. Copy of divorce decree(s) of (Cdn spouse)

9. Copy of (Cdn spouse)'s birth certificate and passport

10. Evidence of relationship in the form of copies of chat logs and photos

Copies of the documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an immigration or consular officer at a later date.

I kindly request you to process the above petition and to provide the receipt notice as soon as possible.

If you have any questions or concerns on the above matter, please do not hesitate to contact me at (US spouse's phone number), or at the address below.

Thank you,

US spouse

SSN

US Address

[Canerican 242]

My I-130 package did include the G-325A and photographs for both my US hubby and I (Cdn wife)

Here is the cover letter I used:

Your case is irrelevant as my wife is petitioning for a step child and not a spouse.

[ChristinaG 91]

for my daughters, (hubby's step-daughters) they were set up like this:

August 23, 2014

USCIS
Attn: I-130
131 South Dearborn-3^rd Floor
Chicago, IL 60603-5517

Subject: I-130 Petition for my step-daughter (daughter's name)

Dear Sir/Madam:

I, (US Spouse), a citizen of the United States, would like to file a petition I-130 for my step-daughter, (daughter's name).

Please find enclosed the following required and supporting documents:

1. Completed and signed form I-130

2. Check for I-130 filing fee

3. Copy of the marriage certificate for (US Spouse) & (Cdn spouse)

4. Copy of divorce decrees of US spouse

5. Copy of divorce decree of (Cdn spouse)

6. Copy of (daughter's name) birth certificate

Copies of the documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an immigration or consular officer at a later date.

I kindly request you to process the above petition and to provide the receipt notice as soon as possible.

If you have any questions or concerns on the above matter, please do not hesitate to contact me at (US spouse's phone #), or at the address below.

Thank you,

(US Spouse)

SSN

Address

Edited July 13, 2015 by ChristinaG

[Canerican 242]

For my adjustment from K-1 I had to provide the following for my I-765 and I-131:

Form I-131, Application for Travel Document includes:

-2 passport style photographs -Going to get these done
-Initial Evidence which includes a copy of an official photo identity document (passport identity page) -can supply this as he has a passport
-A copy of Form I-94 (front&back) -Does not have this as he came under VWP and did not get an I-94
-A copy of a Federal Government-issued identity document which includes my Visa issued by a foreign consulate-Does not have this as he we are applying concurrently from within US
-Passport Identity Page -can supply this as he has a passport

Form I-765, Application for Employment Authorization includes:

-2 passport style photographs (which were taken XXXXX XX, 2013-receipt attached to Form I-485) -Will be getting these
-A copy of Form I-94 (front&back) -Does not have this as he came under VWP and did not get an I-94
-A copy of a Federal Government-issued identity document which includes my Visa issued by a foreign consulate-Does not have this as we are applying concurrently within the US
-Passport Identity Page-Can supply as he has a passport

Also what do I put for reason to grant I-131 or do I just not put anything as he is concurrently applying for adjustment of status?

[KayDeeCee 4,891]

No need of a passport style photo either for the USC for the I-130?

No, that is for a spouse.

Why no G-325A for the USC for the I-130?

Because that is for a spouse.

For my adjustment from K-1 I had to provide the following for my I-765 and I-131:

Form I-131, Application for Travel Document includes:

-2 passport style photographs -Going to get these done

-Initial Evidence which includes a copy of an official photo identity document (passport identity page) -can supply this as he has a passport

-A copy of Form I-94 (front&back) -Does not have this as he came under VWP and did not get an I-94 <-- I-94 is automated > https://i94.cbp.dhs.gov/I94/consent.html

-A copy of a Federal Government-issued identity document which includes my Visa issued by a foreign consulate-Does not have this as he we are applying concurrently from within US <- Passport bio page works as government ID too.

-Passport Identity Page -can supply this as he has a passport

Form I-765, Application for Employment Authorization includes:

-2 passport style photographs (which were taken XXXXX XX, 2013-receipt attached to Form I-485) -Will be getting these

-A copy of Form I-94 (front&back) -Does not have this as he came under VWP and did not get an I-94<-- I-94 is automated > https://i94.cbp.dhs.gov/I94/consent.html

-A copy of a Federal Government-issued identity document which includes my Visa issued by a foreign consulate-Does not have this as we are applying concurrently within the US<- Passport bio page works as government ID too.

-Passport Identity Page-Can supply as he has a passport

Also what do I put for reason to grant I-131 or do I just not put anything as he is concurrently applying for adjustment of status?<- No reason ever needed when applying for AP as an adjustment applicant. You do not even fill out Part 4 to give a reason.

~ Moved from Bringing Family Members of US Citizens to AOS from Work, Student & Tourist Visas - topic is AOS from VWP ~

[NikLR 13,220]

FYI Canada is not part of the VWP. Still occasionally I-94s are hard to get for Canadians even through the automated site.

Note, if the child flew, make sure to cancel the return flight.

Also check to see if the child's passport was stamped by the CBP. My daughter's is, every time she crosses the border but it's common for Canadians not to get stamps.

[Canerican 242]

FYI Canada is not part of the VWP. Still occasionally I-94s are hard to get for Canadians even through the automated site.

Note, if the child flew, make sure to cancel the return flight.

Also check to see if the child's passport was stamped by the CBP. My daughter's is, every time she crosses the border but it's common for Canadians not to get stamps.

No he did not get a stamp or an I-94 and I cannot find any information on the automated I-94 website. Was wondering if maybe I should write a statement detailing when he crossed, where he crossed and the date he crossed and have the people he crossed with sign it as well as my wife and I signing it as we picked him up in the USA..