I-130 or I-824? Help?(merged)

[BailaConPasion 1]

Hi Guys.....

Forgive me if this info is here, I can't find what I needed and need clarification.

 

We are planning to bring my step children here, 14, 15 and 18 years of age, from the Dominican Republic. My husband is a permanent resident and I, an American citizen. 

 

I am unclear as to whether we file the I-130 Follow to Join or the I-824 further action... 

 

Can anyone advise please? I want to make sure we file the correct document. Thank you!❤

[USS_Voyager 1,972]

7 minutes ago, BailaConPasion said:

Hi Guys.....

Forgive me if this info is here, I can't find what I needed and need clarification.

 

We are planning to bring my step children here, 14, 15 and 18 years of age, from the Dominican Republic. My husband is a permanent resident and I, an American citizen. 

 

I am unclear as to whether we file the I-130 Follow to Join or the I-824 further action... 

 

Can anyone advise please? I want to make sure we file the correct document. Thank you!❤

You can file the I-130s for the 3 step children. 

Edited June 14, 2019 by USS_Voyager

[Canerican 242]

Also, as a side note, you should fill out your timeline so that people know where you are in the immigration process. 

[BailaConPasion 1]

50 minutes ago, USS_Voyager said:

You can file the I-130s for the 3 step children. 

Ah, ok so we dont do the I-824 Follow to join?  The wording on the USCIS site is a bit confusing.  I had started the 824...gotta switch then.  Thank you.

[BailaConPasion 1]

59 minutes ago, USS_Voyager said:

You can file the I-130s for the 3 step children. 

Ah, ok so we dont do the I-824 Follow to join?  The wording on the USCIS site is a bit confusing.  Also it states on the USCIS site that the I-130.... "Use this form if you are a citizen or lawful permanent resident of the United States who needs to establish their relationship to certain alien relatives who wish to immigrate to the United States."

 

We don't have to establish the relationship.  We have all documentation, birth certificates, proof of ongoing relationship and the kids were listed on the original application that I filed for my husband before he came here as a PLR. Those birth certificates were sent in as part of his original application so thats why I am not clear as the relationship does not need to be established.

 

Also this is what it states on the I-824 page.... "You must use Form I-824 to request U.S. Citizenship and Immigration Services (USCIS) or U.S. Customs and Border Protection (CBP) action on a previously approved application or petition".  Would this not be us?  The kids are all listed on his original app.  He entered the US on Nov 1, 2014 and conditions have already been removed.

 

Do we still do the I-130 then??

 

Sorry, want to make sure I do the right doc and its a bit confusing.  🙄

[BailaConPasion 1]

HI Guys....

Hope everyone is well.  I am totally confused as to which form we need to file to get my step children here.  They were listed on the original application for my husband's green card but we checked NO to the question asking if they were coming with him at that time.  Someone said that we need to do an I-130  but I am confused because they are listed on our original application.  

 

Do we do the I-130 or do we do the I-824?

 

It is not clear.

 

Thanks for any help.

[geowrian 22,337]

To utilize the existing petition, you need to disclose the visa he entered on, and the age of the children.

 

In case the existing petition isn't usable for them, an I-130 will be needed. Were they under 18 at the time you married?

 

An I-824 is to take action on an approved petition. I don't believe that applies in your circumstances - either the existing petition permits them as derivatives (no new petition needed) or it does not (and a new petition is needed).

 

Edit: Existing thread you created on the same topic:

 

Edited August 9, 2019 by geowrian

[BailaConPasion 1]

Geowrian....thank you!  My husband is a LPR with a CR1 visa.  The kids are 14, 15 and 18 and yes....all under 18 when we married in 2013.

 

That is where I am confused.  They were of course listed  on the original app but we didn't plan to bring them at that time.  Ive done I-130s for them but before we sent them out I wanted to make sure that we didn't need to do an I-824 instead.

 

Do you happen to know if we need to include an I-864, the proof of financial ability to support them?  Does that go with the I-130s?

 

 I really appreciate your help!  Thank you!😊

[BailaConPasion 1]

I suppose we could go ahead and include the I-864 with supporting docs so they have it if they need it especially since it costs nothing to include it.

[geowrian 22,337]

* Moved from Bringing Family Members of Permanent Residents to America forum to IR-1/CR-1 P&P forum, which also coves IR-2 visas. *

 

13 minutes ago, BailaConPasion said:

Geowrian....thank you!  My husband is a LPR with a CR1 visa.  The kids are 14, 15 and 18 and yes....all under 18 when we married in 2013.

 

That is where I am confused.  They were of course listed  on the original app but we didn't plan to bring them at that time.  Ive done I-130s for them but before we sent them out I wanted to make sure that we didn't need to do an I-824 instead.

If he entered on a CR-1, then that means you (the petitioner) were a USC. CR-1 is an immediate relative visa, which does NOT permit derivatives. So an I-130 for each stepchild is required.

Since they were under 18 at the time of marriage, you can file the I-130s for them directly for IR-2 visas.

If he has naturalized, then he can file for them directly instead with the same wait. Either way works.

 

Quote

Do you happen to know if we need to include an I-864, the proof of financial ability to support them?  Does that go with the I-130s?

The I-864 will first come into play at the NVC stage (after I-130 approval). It's the same process you went through for your husband.

 

11 minutes ago, BailaConPasion said:

I suppose we could go ahead and include the I-864 with supporting docs so they have it if they need it especially since it costs nothing to include it.

It'll be outdated by the time they need it. The I-130s are taking several months to a year right now.

Edited August 9, 2019 by geowrian

[BailaConPasion 1]

1 minute ago, geowrian said:

If he entered on a CR-1, then that means you (the petitioner) were a USC. CR-1 is an immediate relative visa, which does NOT permit derivatives. So an I-130 for each stepchild is required.

Since they were under 18 at the time of marriage, you can file the I-130s for them directly for IR-2 visas.

If he has naturalized, then he can file for them directly instead with the same wait. Either way works.

 

The I-864 will first come into play at the NVC stage (after I-130 approval). It's the same process you went through for your husband.

 

It'll be outdated by the time they need it. The I-130s are taking several months to a year right now.

Ah, ok, got it.  We wont worry about that part then (I-864).  We will go ahead and send out the I-130's.  Thank you so much!🙏

[geowrian 22,337]

Just now, BailaConPasion said:

Ah, ok, got it.  We wont worry about that part then (I-864).  We will go ahead and send out the I-130's.  Thank you so much!🙏

No problem! Good luck and best wishes. Feel free to ask here again if anything comes up.

[Ontarkie 14,265]

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