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redmoon24

Question about filing I-130

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Greetings,

 

I'm filing the I-130 for my spouse and son. Can anyone be kind enough to tell me the basic step by step guide? 

 

Do I have to complete all the supporting documents to attach with the I-130 or can I file the I-130 now and the supporting docs to follow?

 

Thanks in advance! 

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42 minutes ago, redmoon24 said:

Greetings,

 

I'm filing the I-130 for my spouse and son. Can anyone be kind enough to tell me the basic step by step guide? 

 

Do I have to complete all the supporting documents to attach with the I-130 or can I file the I-130 now and the supporting docs to follow?

 

Thanks in advance! 

Check https://www.visajourney.com/content/i130guide1, it's a step by step guide. Educate yourself on this process via the guides on VJ and the instructions on the USCIC website to avoid RFE's / denials and to make the process a little smoother for yourself.

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34 minutes ago, redmoon24 said:

Do I have to complete all the supporting documents to attach with the I-130 or can I file the I-130 now and the supporting docs to follow?

You should include the following now:

  • I-130 filled by you
  • I-130A filled by your spouse
  • Payment for I-130 (check, money order, credit card form, etc)
  • Photocopy of your Green Card
  • A photocopy of your marriage certificate (If not in English then get a translation)
  • A photocopy of the child's birth certificate showing the child's name and the names of both parents (If not in English then get a translation)
  • Two passport-type photos of you
  • Two passport-type photos of your spouse
  • Evidence of a bonafide marriage: https://www.visajourney.com/content/i130guide1
51 minutes ago, redmoon24 said:

I'm filing the I-130 for my spouse and son.

If you are considering US citizenship in the near future then its recommended to file and pay 2 separate I-130s; https://citizenpath.com/upgrade-an-i-130-petition-after-naturalization/:

Quote

Child’s I-130 Petition

 

If you upgrade an I-130 petition for your spouse, and you did not file separate petitions for your minor children when you were a permanent resident, you must do so now. That’s because a child cannot be a derivative on an immediate relative (IR) petition. The child must have his/her own I-130 petition. This is in contrast to the family second preference (F2) petition, which includes minor children as “derivatives” of the parent. This may be a little confusing. What’s important is that each immediate relative has an I-130 petition filed on his/her behalf.

 

Your spouse is covered in the initial I-130 petition that was filed. You do not need to file a new petition for your spouse. However, you must file separate visa petitions for each child, as long as they continue to be unmarried, under age 21 and are your natural children or legal stepchildren. This will delay your case slightly, but the approval process will be quick (a few months) given that they are immediate relatives. Your spouse and children will be able to immigrate together.

 

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Posted (edited)
8 hours ago, accumbyte said:

You should include the following now:

  • I-130 filled by you
  • I-130A filled by your spouse
  • Payment for I-130 (check, money order, credit card form, etc)
  • Photocopy of your Green Card
  • A photocopy of your marriage certificate (If not in English then get a translation)
  • A photocopy of the child's birth certificate showing the child's name and the names of both parents (If not in English then get a translation)
  • Two passport-type photos of you
  • Two passport-type photos of your spouse
  • Evidence of a bonafide marriage: https://www.visajourney.com/content/i130guide1

If you are considering US citizenship in the near future then its recommended to file and pay 2 separate I-130s; https://citizenpath.com/upgrade-an-i-130-petition-after-naturalization/:

 

Thank you for the heads up about filing separately for my son. I've watched guides on the youtube that my son will be automatically a derivative when I file for my spouse/his mom in order to save money from the filing fee. So why does that guide about filing separately for my son contradicts that and saying my son will not be a derivative? Will it be a big problem if I only file for my spouse and my son as a derivative? 

 

I think this only applies when the spousal is upgraded the i-130 when the filer becomes naturalize is it?

Edited by redmoon24

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Posted (edited)
43 minutes ago, redmoon24 said:

Will it be a big problem if I only file for my spouse and my son as a derivative?

Are you eligible for naturalization in the very near future? If yes, are considering submitting a N-400 as soon as possible? If the ultimate answer is no, then you should just submit 1 I-130 and list your son as a derivative.

Edited by accumbyte

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9 hours ago, accumbyte said:

Are you eligible for naturalization in the very near future? If yes, are considering submitting a N-400 as soon as possible? If the ultimate answer is no, then you should just submit 1 I-130 and list your son as a derivative.

Yes I'm eligible for naturalization in the future. So what's gonna happen?

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29 minutes ago, redmoon24 said:

Yes I'm eligible for naturalization in the future. So what's gonna happen?

How far in the future?

The thing is, spouse of a citizen (IR1 or CR1) can't have a derivative, so child would need a separate petition. So if you think you might complete your naturalization process before their petition is current, it's better to have two I130s. If it is unlikely that you naturalize before they will be current then one petition for spouse & derivative is fine.

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Posted (edited)
26 minutes ago, SusieQQQ said:

How far in the future?

The thing is, spouse of a citizen (IR1 or CR1) can't have a derivative, so child would need a separate petition. So if you think you might complete your naturalization process before their petition is current, it's better to have two I130s. If it is unlikely that you naturalize before they will be current then one petition for spouse & derivative is fine.

I came here in the US in Jan 2017. If I'm correct, my naturalization will become available on 2022. If I file for my spouse and son petition this years. Then the EST time of wait is 1-2 years from the start of filing. With this estimation, would you think it's risky to have my son only file as derivative? It will also help a lot for me to save the $500 for filing another I-130.

Edited by redmoon24

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17 minutes ago, aleful said:

the wait is over 2 years for spouses and minor children of residents

 

so you would need to wait until they enter the country to apply for citizenship

 

 

Yes I guess my citizenship can wait until they come here.

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4 hours ago, redmoon24 said:

Yes I guess my citizenship can wait until they come here.

Even if you apply in 2022, it can take 6-12 months before you actually take your oath. If you file F2A now, chances are they will arrive before you are naturalized anyway. At worst you may have to wait a few months to file for naturalization. The good news is that when you naturalize, your minor son living with you will automatically become a citizen too (assuming he is still under 18 then).

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