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gulabg

Minor children of my spouse

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I petitioned for my wife who is in Bangladesh. I forgot to file petitions for her minor children as I thought they would be on the same petition as hers. But now I am told that there has to be a separate petition for each child. She was previously married and now she is divorced, but has custody of her minor children.  I am confused about question 2 on form I-130.  What box should I check? Question 2 is about my filing petition for my child, but they are not legally my children, as

I do not have adoption papers for them. My wife would like to bring her minor children with her.

Am I allowed to petition for them?

 

Gulab

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Has the father of the children given consent for the mother to permanently immigrate with the children to the US? Just because she has custody does not automatically permit this in most countries.

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14 hours ago, databit said:

Has the father of the children given consent for the mother to permanently immigrate with the children to the US? Just because she has custody does not automatically permit this in most countries.

The father has not seen his children in last 3 years and is not living in Bangladesh.

He lives some where in Africa and we do not have contact with him as we do not know where he lives.

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They are considered your child for the form even though they are your step children.  

If she has full custody likely she wont have an issue with them immigrating. 

Make sure the children's files catch up with the moms before you do processing at the NVC


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I see from your timeline that you're already at the NVC stage for your wife. I would file the petitions for the children as soon as possible and see if there is any way to expedite. I'm not sure if that's possible, or if they'll see it as a good enough reason to expedite, but it's worth a try. But like the above poster stated, I would hold off on sending the documents to NVC until the children's petitions have caught up to her. Which, unfortunately will be another 6-7 months from now.


4-24-17 I-130 sent to Chicago Lock Box

4-25-17 NOA 1 & sent to TSC

11-15-17 NOA 2

12-26-17 Case sent to Dept. of State

1-08-18 NVC Received case

3-12-18 Case Number Assigned / AOS & IV Fees Paid

3-14-18 DS-260 Completed

3-16-18 Uploaded Civil Documents

3-21-18 Uploaded AOS Documents 

3-26-18 Checklist to reupload docs

3-29-18 Finished uploading docs

4-4-18 Case Complete

4-13-18 Received interview email

5-18-18 Interview date 

5-24-18 Visa Issued

 

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