Do my spouse children need separate i-130 petitions?

[snurok 8]

I'm getting married in the Philippines and she has 1 daughter 6yrs old not by me.

When I complete the form i-130 i list her daughter on this form, do i need to file a separate petition for her daughter to be able to come to the usa or will it be automatically included?

Will her daughter need to also go for an interview at the embassy?

and last question, when she is finally approved and gets her cr1 visa, can she come to the usa alone and afterwards within 90 days or so go back and bring her daughter to the usa?

Thank you to anyone who has knowledge on this, the forms are confusing...

[JFH 12,189]

Yes, it is a separate petition (and another $420 fee) for the child. When it gets to the NVC stage you only need to pay one AOS fee for the two petitions but two separate visa fees.

Yes, she can leave and go back to get the child after she arrives but there is no need to do so. The petitions will be filed together and remain together and they can travel together. She doesn't have to leave her child behind. This process is tough, but not that tough!

[JFH 12,189]

Just read your other post - what a horrible experience for her at LAX. Has she managed to sort things out so that she doesn't have a ban?

[snurok 8]

no not yet i also need to submit the i-212 form to remove the ban, but im not sure if i can do this at the same time as the i-130 to save processing tim or i will need to wait for here i-130 to be approved first.

I tried for months to have this case reviewed by the cbp and dhs redress and they just wasted 5 months of my time with no real investigation just sending me a boiler plate letter saying why she was deported. so i gave up on trying to fix it and now will try the marriage route hoping it will eventually work out.

its also not right, if i file the i-130 form and list the child who is 6yrs old she should be included on the same petition and not have to be filed on a separate petition with such an increased filing expense.

[aleful 1,905]

hi

the waiver is after the interview, the officer will deny her petition and she will receive by mail service the denial, the basis of denial, and if she qualifies for a waiver or waivers

there are no derivatives in spouses of USC, that is only for information purpose, putting children's names on forms

each one must have a separate petition

Edited September 10, 2016 by aleful

[snurok 8]

the waiver is not after the interview, she wont be denied the interview. you do not understand what i wrote

[aleful 1,905]

HI

if I'm not mistaken you did say that she would need to file the i212 for a ban, right? you can't send the i212 with the i130, nor after it is approved

she won't know if she really needs to file that waiver or any other until she gets to the interview and is denied because of the ban

then they will tell her what type of waiver she will need and if she doesn't need any waiver, then she won't have a problem

[snurok 8]

Let me explain again, she tried to enter the US on an approved k1 visa at LAX, the CBP refused her entry said she committed visa fraud and made her sign a 5yr ban. They stated you need to file a i-212 to re-enter the US again.

If we marry now, i am filing a i-130 making her my relative, I dont see why she would be rejected for an i-130 petition as this is now become a new case.

But she still need the i-212 to re-enter after she obtains her cr1 visa.

So how are you thinking she may not be approved or they would just dismiss her 5yr ban?

Let me explain again, she tried to enter the US on an approved k1 visa at LAX, the CBP refused her entry said she committed visa fraud and made her sign a 5yr ban. They stated you need to file a i-212 to re-enter the US again.

If we marry now, i am filing a i-130 making her my relative, I dont see why she would be rejected for an i-130 petition as this is now become a new case.

But she still need the i-212 to re-enter after she obtains her cr1 visa.

So how are you thinking she may not be approved or they would just dismiss her 5yr ban?

[aleful 1,905]

hi

the ban just doesn't simply go away, she can't enter the country until the ban is forgiven, that's what the waiver is for

the i130 will be approved, and the petition will go on it's course, just like any normal spousal petition, but the ban will need to be addressed at the interview

you will need to contact an attorney for this, since with the waiver I don't know if you will need to do the hardship letter.

this isn't a do it yourself petition, you will need an experienced lawyer to help you out

[snurok 8]

unfortunately all these filing fees and expenses are more than i can handle. since the govt refused to help and caused this havoc in my life, i have lost time and money trying to fi the problem. i hired an attorney who gave a great speech to me took $1400 wrote 1 letter and never heard from him again.

financially im screwed so i need to do this on my own, i wish i had thousand more for attorneys but it wont happen. i'll write up my own hardship letters, send them proof contact the media and do what ever it takes to win.

the govt and attorney only care about stealing your time and money and wont lift a finger to help...

[NikLR 13,220]

you may want to try http://immigrate2us.net/forum/content.php they do a lot of waivers over there.

regardless of the waiver, you will need to file an I-130 for her child. USC petitions for spouses, children, and parents do not allow for derivatives.

[snurok 8]

yes thank you i already know i need to do an extra 130 adds up another $420

I know if i dont do this myself it wont get done quickly and properly. The only person right now that can help me is only me, i cant rely on anyone else...

But im not sure how Immigrate2us.net can help since they are not lawyers, are you saying they can help me write a hardship letter by giving me some pointers?

[NikLR 13,220]

yes thank you i already know i need to do an extra 130 adds up another $420

I know if i dont do this myself it wont get done quickly and properly. The only person right now that can help me is only me, i cant rely on anyone else...

But im not sure how Immigrate2us.net can help since they are not lawyers, are you saying they can help me write a hardship letter by giving me some pointers?

They're not lawyers but people on that forum have more experience with waivers than the people on this forum. If you want a lawyer you're going to have to pay for one, or you can get help some other way. i'm not sure what else you want us to suggest? None of us on here are lawyers and even if they were, they would still need a fee for their time.

[snurok 8]

hey, thanks for your help. I can do this and i know it will get done. the sad part is almost 20 months have already been lost and it will take at least another 20 to get all this done...

Time that can never be replaced again......

[Boiler 43,564]

Solo I212 could be filed no, the more common I601 would the one that would be after the interview.

Now she may need a I601 in which case a combo I 601/I 212 would be needed.