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I130 For Step Child already in USA

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My wife(US Citizen) filled out a petition for me 1 year ago, I already have my GC. Now we want to fill a petition for my two kids(her stepsons)

They're 11 and 12 years old and they already are in USA with B1/B2 Visitor visa

Do we need to fill out the form i-765 for them?

what does it mean  Proof of stepchild/stepmom relationship or bona fide parent child relationship? What kind of docs is this?

Do I need to send any documentation about me or put in my name in some form? 






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It will be faster if your wife petitions for your children as their step-parent. 


Proof of stepparent-stepchild relationship would be your marriage certificate. 


It's a good idea to also file I-765s (and I-131s) for them as that's the only way they'll be able to receive a Social Security number before their green cards are approved. Obviously at that age they're not going to be doing any actual working. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here



Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card



Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Sorry to be asking on the same thread (we are also preparing our AOS paperwork for both myself and my daughter), but: does anyone know if do we need to fill in a separate form I-864 for my daughter?


The instructions for this form says:


Part 3. Information About the Immigrants You Are Sponsoring Item Number 1. Indicate whether you are sponsoring the principal immigrant listed in Part 2. of Form I-864. Select “No” if you are sponsoring only intending immigrants listed in Part 3., Item Numbers 3.a. - 27. and not the principal immigrant listed in Part 2. This only applies if you are sponsoring family members in Part 3. as the second joint sponsor. Item Number 2. Family Members. The immigrant you are sponsoring may bring a spouse and/or children to the United States. If the spouse and/or children will travel with the immigrant, or within six months of the immigrant’s entry into the United States and you are sponsoring them, you should list the names and other requested information in the spaces provided. If any dependents are not immigrating, will immigrate more than six months after the sponsored immigrant arrives in the United States, or you are not sponsoring them, do not list their names here. A separate Form I-864 is required for them when they apply for their immigrant visas. Item Numbers 3.a. - 27. Provide the requested information about each family member

 so my personal understanding is that form I-864 is only required for myself? Or?


Thank you for any advice.

Two-Step Adjustment of Status from B-2 Visitor's visa
Step 1: Form I-130 Petition for Alien Relative

10/11/15 - Got married

01/30/17 - Sent I-130 packet to Phoenix, AZ Lockbox via FedEx

02/01/17 - Packet delivered

02/06/17 - Received Email/Text NOA1

02/10/17 - Received NOA1 (I-797C) hardcopy in mail


Step 2: Form I-485 Adjustment of Status (AOS)

03/21/17 - Sent I-485 (together with application for EAD and AP) packet to Chicago, IL Lockbox via FedEx

03/24/17 - Packet delivered

04/10/17 - Received Email/Text NOA1

04/14/17 - Received NOA1(biometrics appointment & I-797C) hardcopy in mail

04/24/17 - Biometric appointment (Oakland USCIS)

04/24/17 - Received RFE in mail for I-485

04/26/17 - RFE document sent to USCIS via FedEx

05/01/17 - Packet delivered

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