I-130, soon-to-be-wife's child question.

[bohemianhulk 2]

I am divorced and getting married to an unmarried woman. I have a kid, but the soon-to-be-spouse has no kids. I will be submitting an I-130 application to come into the USA through immigration.

 

 

In the I-130 application, there is a question that I need help with. The form asks if my soon-to-be-spouse has any child or not. I would think I will have to fill it up by mentioning my child's name, although she has no child on her own. My point is if we get married, then my child will be her child too. Am I doing it right?

[Crazy Cat 41,978]

Who is the petitioner? 

 

Each section pertains to either the petitioner or the beneficiary.  Enter the information under the appropriate section as it applies .

Edited January 21, 2022 by Crazy Cat

[Timona 4,207]

18 minutes ago, bohemianhulk said:

I am divorced and getting married to an unmarried woman. I have a kid, but the soon-to-be-spouse has no kids. I will be submitting an I-130 application to come into the USA through immigration.

 

 

In the I-130 application, there is a question that I need help with. The form asks if my soon-to-be-spouse has any child or not. I would think I will have to fill it up by mentioning my child's name, although she has no child on her own. My point is if we get married, then my child will be her child too. Am I doing it right?

 

You, being the immigrant/ beneficiary, will have to make sure that kid is listed on the I-130.

 

1 minute ago, Crazy Cat said:

Who is the petitioner? 

 

English wording is tuff here but OP seems to be the beneficiary..I had to crack my brain..

[Crazy Cat 41,978]

15 minutes ago, Timona said:

 

You, being the immigrant/ beneficiary, will have to make sure that kid is listed on the I-130

English wording is tuff here but OP seems to be the beneficiary..I had to crack my brain..

I thought so, too.  But, he/she said petitioner here

 

 

[bohemianhulk 2]

The beneficiary will be my soon-to-be-wife, and I am an American citizen, and I am the petitioner.  The question is in the -->your beneficiary-->Beneficiary's family section.

Edited January 21, 2022 by bohemianhulk

[Crazy Cat 41,978]

.

Edited January 21, 2022 by Crazy Cat

[Kazim11 5]

1 hour ago, bohemianhulk said:

I am divorced and getting married to an unmarried woman. I have a kid, but the soon-to-be-spouse has no kids. I will be submitting an I-130 application to come into the USA through immigration.

 

 

In the I-130 application, there is a question that I need help with. The form asks if my soon-to-be-spouse has any child or not. I would think I will have to fill it up by mentioning my child's name, although she has no child on her own. My point is if we get married, then my child will be her child too. Am I doing it right?

I disagree

 

I am your child lives with you in United States. 

If she is the beneficiary who is immigrating by herself without child than why would you add a child ? you only filling out for beneficiaries who are immigrating needing visa . 
 

 

[Timona 4,207]

18 minutes ago, Kazim11 said:

I disagree

 

I am your child lives with you in United States. 

If she is the beneficiary who is immigrating by herself without child than why would you add a child ? you only filling out for beneficiaries who are immigrating needing visa . 
 

 

 

It even gets more confusing @Crazy Cat😆

[Timona 4,207]

49 minutes ago, bohemianhulk said:

The beneficiary will be my soon-to-be-wife, and I am an American citizen, and I am the petitioner.  The question is in the -->your beneficiary-->Beneficiary's family section.

 

Your child will not be listed on I-130. However, he/she will be counted on I-864 in the "household" section. Basically, you have to make enough money for 3 people: you, kid, wife.

[Chancy 6,241]

*** Moved from What Visa Do I Need to IR1/CR1 Process & Procedures -- topic is not about different visa options ***

 

36 minutes ago, Kazim11 said:

If she is the beneficiary who is immigrating by herself without child than why would you add a child ? you only filling out for beneficiaries who are immigrating needing visa . 

 

That is not accurate.  The I-130 petition asks for info about the beneficiary's spouse and children, whether or not the other family members need a visa.  For example, there are beneficiaries with adult children who have no intention to immigrate to the US, but they should still be listed as the beneficiary's children in the petition.

 

In the OP's case though, no need to list the petitioner's child under the Beneficiary's Family section of the I-130.

 

[bohemianhulk 2]

If I shouldn't include my kid in the beneficiary section, I would assume that I should also not have my name in her spouse section. 

 

//Beneficiary's family

Provide information about the beneficiary's spouse and children in this section if they have any.//

 

[Beth & Achraf 328]

5 minutes ago, bohemianhulk said:

 

If I shouldn't include my kid in the beneficiary section, I would assume that I should also not have my name in her spouse section. 

 

//Beneficiary's family

Provide information about the beneficiary's spouse and children in this section if they have any.//

 

Your child is not immigrating,  only your spouse is immigration, and your child  is NOT her child.

Only put HER name there.

[powerpuff 6,725]

22 minutes ago, bohemianhulk said:

 

If I shouldn't include my kid in the beneficiary section, I would assume that I should also not have my name in her spouse section. 

 

//Beneficiary's family

Provide information about the beneficiary's spouse and children in this section if they have any.//

 

You do realize this form is used not just for sponsoring spouses but also for sponsoring parents and children? 
 

do NOT list your child in that section unless you want to confuse immigration 

Edited January 21, 2022 by powerpuff

[Timona 4,207]

14 minutes ago, bohemianhulk said:

 

If I shouldn't include my kid in the beneficiary section, I would assume that I should also not have my name in her spouse section. 

 

//Beneficiary's family

Provide information about the beneficiary's spouse and children in this section if they have any.//

 

 

It clearly says BENEFICIARY...basically, the person who is gonna gain something. In this case, it is your wife gaining a visa. You are the Petitioner.. It does not say "Petitioner's children."

How else can we explain this?

[Chancy 6,241]

26 minutes ago, bohemianhulk said:

I would assume that I should also not have my name in her spouse section. 

 

You should definitely list yourself as the beneficiary's spouse under the Beneficiary's Family section, even if listing yourself there seems repetitive.  Just comply with the form instructions.

 

The reason your child does not need to be listed is that the I-130 instructions are silent about listing the beneficiary's USC stepchildren.  We did not list my petitioner's child, and our I-130 was approved without RFE.  Some people actually do list their beneficiary's USC stepchildren in the I-130, and that's ok too.  One reason for listing stepchildren is to be consistent with the beneficiary's USCIS forms if they have plans to naturalize in the future, as the N-400 form explicitly requires stepchildren to be listed.  But again, it is not required for the I-130.

 

Edited January 21, 2022 by Chancy
clarification