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DavidandJessica

Confused on what and how many forms to file

By DavidandJessica in Adjustment of Status from Work, Student, & Tourist Visas

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DavidandJessica Rookie

DavidandJessica   0

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Filed: AOS (pnd) Country: Venezuela
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I married a women from Venezuela, She is in the US with her two children 13 & 11 with all pending asylum cases.

We want to file for adjustment of status to obtain green cards.  On the USCIS site it says I have to send 3 different I-130 forms one for each?

Do I have to pay the 535 fee for each? I thought I could just send in one I-130 because the children are considered derivatives? 

Then once that is done or concurrently file forms I-485 one for each. We would like to get the ball rolling I'm just not sure how many I-130's to send in and 

also would like the children to be able to travel to see their biological father in Chile. 

 

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payxibka Grand Master

payxibka   10,044

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Filed: AOS (apr) Country: Philippines
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14 minutes ago, DavidandJessica said:

I married a women from Venezuela, She is in the US with her two children 13 & 11 with all pending asylum cases.

We want to file for adjustment of status to obtain green cards.  On the USCIS site it says I have to send 3 different I-130 forms one for each?

Do I have to pay the 535 fee for each? I thought I could just send in one I-130 because the children are considered derivatives? 

Then once that is done or concurrently file forms I-485 one for each. We would like to get the ball rolling I'm just not sure how many I-130's to send in and 

also would like the children to be able to travel to see their biological father in Chile. 

 

As a step child of a USC there is no derivative.   Separate petitions,  separate fee payments 

YMMV

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SusieQQQ Grand Master

SusieQQQ   11,584

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Filed: Citizen (apr) Timeline
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As above, if you are a USC, separate i130/i485 for each.

 

As for travel - they probably won’t be able to travel for 4-6 months after you file until they get advance parole documents (make sure to file for advance parole with the other forms). Do they have valid passports? 

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DavidandJessica Rookie

DavidandJessica   0

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Filed: AOS (pnd) Country: Venezuela
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The passports are expired.  Venezuela stopped issuing any passports and such. I believe that Columbia can possibly help out.  I think I heard that 

they are servicing Venezuelan documents there. 

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SusieQQQ Grand Master

SusieQQQ   11,584

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Filed: Citizen (apr) Timeline
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16 minutes ago, DavidandJessica said:

The passports are expired.  Venezuela stopped issuing any passports and such. I believe that Columbia can possibly help out.  I think I heard that 

they are servicing Venezuelan documents there. 

So how will the kids get passports to travel with? They can’t go to Colombia either? Or do they have this thing with the automatic extension of expired Venezuelan passports applying to them? Anyway the point is that if you want them to travel to Chile you have two separate issues to address: that they need valid passports to travel with, and that they need to have approved advance parole if they travel before they get their green cards,

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Ryan H Grand Master

Ryan H   3,790

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Filed: Lift. Cond. (apr) Country: China
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Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Just Paul Veteran

Just Paul   4,591

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Filed: Citizen (apr) Country: Philippines
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13 hours ago, DavidandJessica said:

On the USCIS site it says I have to send 3 different I-130 forms one for each?

This isn't going to be fast, cheap or fun:

 

Each of the get I-130, I-864, I-485, and I-765.  A I-131 would be relevant if they had passports.

Your wife also does a I-130a.

 

Pay the fee for each I-130 and I-485.   FIle the I-765 with the I-485 and there is no fee.   Do the I-765 so you get social security numbers while awaiting the green cards.

 

13 hours ago, DavidandJessica said:

also would like the children to be able to travel to see their biological father in Chile. 

Not until getting the passports and a green card.

 

 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Boiler Grand Master

Boiler   43,430

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Filed: K-1 Visa Country: Wales
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OP does not seem to have mentioned how they entered, the Asylum issue suggests to me this is a matter for a Lawyer, presumably she has one.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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SusieQQQ Grand Master

SusieQQQ   11,584

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Filed: Citizen (apr) Timeline
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1 hour ago, Boiler said:

OP does not seem to have mentioned how they entered, the Asylum issue suggests to me this is a matter for a Lawyer, presumably she has one.

Not sure if the asylum claim causes a problem using or renewing claimed COP passport, so agree legal advice is probably worthwhile.

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DavidandJessica Rookie

DavidandJessica   0

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Filed: AOS (pnd) Country: Venezuela
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8 hours ago, SusieQQQ said:

Not sure if the asylum claim causes a problem using or renewing claimed COP passport, so agree legal advice is probably worthwhile.

Right. I think a lawyer consult we will do. 

 

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DavidandJessica Rookie

DavidandJessica   0

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Filed: AOS (pnd) Country: Venezuela
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10 hours ago, Paul & Mary said:

This isn't going to be fast, cheap or fun:  LOL! True!

 

Each of the get I-130, I-864, I-485, and I-765.  A I-131 would be relevant if they had passports.

Your wife also does a I-130a.

 

Pay the fee for each I-130 and I-485.   FIle the I-765 with the I-485 and there is no fee.   Do the I-765 so you get social security numbers while awaiting the green cards.

 

Not until getting the passports and a green card.

 

 

They have social security numbers and work permits.  

 

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