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Jon and Fangfang

PLR brining daughter via I 130

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I brought my wife to the US  a couple years ago.  She has a daughter in China that her ex-husband has custody of.  Her ex-husband has decided he does not want his daughter anymore and asked that we take her and bring her to the US.  From everything I can find, my wife as a LPR should file an I 130 to start the process.  I see the list of required documents, but I don't see anything about custody documents.  I have been told verbally that one is needed, and that my wife will need to go to China to get one made via Chinese government.  I want to avoid that cost if it is not needed up front.  Any help would be appreciated.

 

Thanks for all the help in advance VisaJourney!

 

Jon


2014/02/XX First met

2014/08/20 I start "living" in China

2014/08/23 First vacation together (Beijing)

2014/09/20 Moved in together in Suzhou

2014/11/20 Trip to Thailand together

2015/09/01 Got her parents approval to marry :)

2015/09/18 Married

2014/11/04 Honeymoon in Thailand

IR-1 begins:
2015/11/17 I-130 petition mailed out

2015/11/19 I-130 received in Chicago

​2015/11/20 NOA1

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Assuming that she was under 18 when you married her mother, YOU should file for her, not your wife. USC filing for stepchild takes a year. If your wife filed for her it'd take two years.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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How old was the daughter when you married her mother? 

Your wife does not need to go to China (unless this is where it gets country specific) the Father just needs to write a letter saying he is giving the mother permission to move the daughter to the US permanently. 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Now I will add that changes to their custody agreement must be done in China. But the father can do that and maybe the mother just needs a lawyer to work on her behalf.

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Thanks.

 

Her daughter was 11 years old when we got married, she is 14 years old now.  

 

I will file the I 130 to save that time.

 

Do I need the custody agreement when I submit the I 130, or is that a follow up document?


2014/02/XX First met

2014/08/20 I start "living" in China

2014/08/23 First vacation together (Beijing)

2014/09/20 Moved in together in Suzhou

2014/11/20 Trip to Thailand together

2015/09/01 Got her parents approval to marry :)

2015/09/18 Married

2014/11/04 Honeymoon in Thailand

IR-1 begins:
2015/11/17 I-130 petition mailed out

2015/11/19 I-130 received in Chicago

​2015/11/20 NOA1

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1 hour ago, Jon and Fangfang said:

Thanks.

 

Her daughter was 11 years old when we got married, she is 14 years old now.  

 

I will file the I 130 to save that time.

 

Do I need the custody agreement when I submit the I 130, or is that a follow up document?

At the time of the interview 


YMMV

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15 hours ago, EM_Vandaveer said:

Assuming that she was under 18 when you married her mother, YOU should file for her, not your wife. USC filing for stepchild takes a year. If your wife filed for her it'd take two years.

Does that mean that my US spouse could have filed for my child even though he was not adopted by the US parent? We married and the boy was 10 years old at that time. We already send our I-130 under me, the LPR. He is 13 now and by the time a visa becomes available he would be 15.

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3 minutes ago, Larisa said:

Does that mean that my US spouse could have filed for my child even though he was not adopted by the US parent? We married and the boy was 10 years old at that time. We already send our I-130 under me, the LPR. He is 13 now and by the time a visa becomes available he would be 15.

Yes.  A USC can apply for a stepchild if the child was under 18 when the marriage occurred 


YMMV

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7 minutes ago, Larisa said:

Does that mean that my US spouse could have filed for my child even though he was not adopted by the US parent? We married and the boy was 10 years old at that time. We already send our I-130 under me, the LPR. He is 13 now and by the time a visa becomes available he would be 15.

 

3 minutes ago, payxibka said:

Yes.  A USC can apply for a stepchild if the child was under 18 when the marriage occurred 

^^^ This, I'd re-file under the USC, that way it'll only take one year instead of two.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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