US citizen petitioning I-130 for step children who are outside US

[Winter_water 1]

Hello, please I have specific question related to my case. I am the the applicant with 4 children ages 23-16yrs old. My case was approved on Aug 24,2024 and sent to NVC August 29th,2024 

I am confused on what will be on part 3 of form I-864.  Especially Part3 # 2 that says " name of children(family

 members immigrating with me now or within 6 months "            Thanks.

Edited October 7 by Crazy Cat

[Lemonslice 4,886]

https://www.visajourney.com/timeline/profile.php?id=478346

It will help members understand where you are in the process. 

 

What kind of applications have you filed? How many of them?

[pushbrk 12,977]

2 hours ago, Winter_water said:

Hello, please I have specific question related to my case. I am the the applicant with 4 children ages 23-16yrs old. My case was approved on Aug 24,2024 and sent to NVC August 29th,2024 

I am confused on what will be on part 3 of form I-864.  Especially Part3 # 2 that says " name of children(family

 members immigrating with me now or within 6 months "            Thanks.

The petitioner is the one who is stating how many others are immigrating with each Beneficiary.  The petitioner is well advised to become an A-Student of the I-864 instructions.  If they are a US Citizen, then the answer will be zero.  The children will simply be listed as dependent children so the household size properly populates.

 

You say your children range from age 23 to 16.  Is the petitioner a US Citizen.  If so, were five petitions filed?  Were all children under 18 at the time of the marriage.  You are posting in a forum for spouse of US Citizen.  If the spouse or petitioner is NOT a US Citizen, the answers will be different.

[Winter_water 1]

55 minutes ago, pushbrk said:

The petitioner is a US Citizen, She is not familiar in the case of NVC consular processing  route. I am the beneficiary  with 4 children . As the date of my marriage my first child was 21yrs,5months, second child was 17yrs,5months, third child was 16 yrs,2 months and fourth one was 13 yrs 6months.  In the petition made April 2023 I was the only beneficiary but all theses children were named and filled in the I-130 as my dependents. How does this play out now that we are the stage of process with NVC especially filling form I-864  and  DS-260. Thanks

[OldUser 6,885]

The kid #3 and #4 needed their own I-130 petitions to get immigrant visas. #1 and #2 could not piggy back on this marriage and need to be sponsored separately. 

 

US citizen spouse needs to file two I-130s for child #3 and #4

Edited October 8 by OldUser

[pushbrk 12,977]

35 minutes ago, Winter_water said:

1 hour ago, pushbrk said:

The petitioner is a US Citizen, She is not familiar in the case of NVC consular processing  route. I am the beneficiary  with 4 children . As the date of my marriage my first child was 21yrs,5months, second child was 17yrs,5months, third child was 16 yrs,2 months and fourth one was 13 yrs 6months.  In the petition made April 2023 I was the only beneficiary but all theses children were named and filled in the I-130 as my dependents. How does this play out now that we are the stage of process with NVC especially filling form I-864  and  DS-260. Thanks

I'm very sorry to be the bearer of bad news.  First, the older child has no path to immigrate as your husband's step child.  Later you can start a process for that child that will take a very long time.  Unless you want to leave your younger three children behind, you stop everything now, and the petitioner files three more petitions.  (One for each step child)  When they catch up in a year or so, you continue at that time with immigration process including visa applications, affidavits of support for each, and supporting documents at NVC Stage.  Make sure you keep in touch with NVC at least once a year in the meantime, so your case stays alive.

 

Evidently, you and/or your husband thought one petition was enough.  This happens often when people fail to study the instructions before filing.

28 minutes ago, OldUser said:

The kid #3 and #4 needed their own I-130 petitions to get immigrant visas. #1 and #2 could not piggy back on this marriage and need to be sponsored separately. 

 

US citizen spouse needs to file two I-130s for child #3 and #4

Kits 2, 3, and 4 all need petitions.  Number two was under 18 when the marriage occurred.

[OldUser 6,885]

8 minutes ago, pushbrk said:

I'm very sorry to be the bearer of bad news.  First, the older child has no path to immigrate as your husband's step child.  Later you can start a process for that child that will take a very long time.  Unless you want to leave your younger three children behind, you stop everything now, and the petitioner files three more petitions.  (One for each step child)  When they catch up in a year or so, you continue at that time with immigration process including visa applications, affidavits of support for each, and supporting documents at NVC Stage.  Make sure you keep in touch with NVC at least once a year in the meantime, so your case stays alive.

 

Evidently, you and/or your husband thought one petition was enough.  This happens often when people fail to study the instructions before filing.

Kits 2, 3, and 4 all need petitions.  Number two was under 18 when the marriage occurred.

You're right #2 can be sponsored too.

[Dashinka 24,597]

9 hours ago, Winter_water said:

10 hours ago, pushbrk said:

The petitioner is a US Citizen, She is not familiar in the case of NVC consular processing  route. I am the beneficiary  with 4 children . As the date of my marriage my first child was 21yrs,5months, second child was 17yrs,5months, third child was 16 yrs,2 months and fourth one was 13 yrs 6months.  In the petition made April 2023 I was the only beneficiary but all theses children were named and filled in the I-130 as my dependents. How does this play out now that we are the stage of process with NVC especially filling form I-864  and  DS-260. Thanks

Is the oldest child married, or moving toward marriage?  As @pushbrk stated, your USC petitioner (spouse? sibling?, parent?) assuming a spouse cannot petition the oldest child as the marriage occurred after they turned 18.  The other three children require separate petitions (I130s) and supporting evidence to actually get a visa.  When you get your visa (I am assuming a marriage based visa) and enter the US as an LPR (green card holder), you can petition for the oldest child if they are not married.  If they are married, or marry even after your petition, they will not be eligible for an F2B visa, and you would need to submit a new petition after you naturalize as an F3 visa which will take 15-20 years.  The good news is as a Canadian citizen (I am assuming this), the oldest child can visit.

[Winter_water 1]

22 hours ago, Lemonslice said:

https://www.visajourney.com/timeline/profile.php?id=478346

It will help members understand where you are in the process. 

 

What kind of applications have you filed? How many of them?

I-130 approved. I am the applicant with children ages 23-16yrs old. Currently at NVC stage.my spouse is a usc and I am wondering if I can do derivative beneficiary for my children ages less than 21 ?

[appleblossom 2,692]

8 minutes ago, Winter_water said:

I-130 approved. I am the applicant with children ages 23-16yrs old. Currently at NVC stage.my spouse is a usc and I am wondering if I can do derivative beneficiary for my children ages less than 21 ?

 

Have another read of the answers given above. There are no derivatives for immediate relatives. Your children need their own I-130's filed for them - follow @pushbrk's guide above so that you and the 3 youngest children can immigrate together. 

 

Good luck. 

Edited October 8 by appleblossom

[Winter_water 1]

3 minutes ago, appleblossom said:

 

As said above, there is no derivative for immediate relatives. Your children need their own I-130's filed for them. 

Thanks AppleBlossom,

The options open to me

A) I-130 petition by my USC spouse for my 3 children below 21yrs old

B) 1-130 petition by myself as soon as I become LPR not earlier than Jan 2025

Which is best option for me please and thanks.

[appleblossom 2,692]

Just now, Winter_water said:

Thanks AppleBlossom,

The options open to me

A) I-130 petition by my USC spouse for my 3 children below 21yrs old

B) 1-130 petition by myself as soon as I become LPR not earlier than Jan 2025

Which is best option for me please and thanks.

 

A, unless you want to leave your children? 

 

And then you petition for your eldest once you are a LPR and in the US. 

[apond 45]

23 minutes ago, Winter_water said:

I-130 approved. I am the applicant with children ages 23-16yrs old. Currently at NVC stage.my spouse is a usc and I am wondering if I can do derivative beneficiary for my children ages less than 21 ?

 

as I told you on the other forum each kid will need a 130. 

[Winter_water 1]

2 minutes ago, appleblossom said:

 

A, unless you want to leave your children? 

 

And then you petition for your eldest once you are a LPR and in the US. 

I can leave them for a while .

I feel more comfortable to deal with my children my self and not at mercy of step mother. How soon can I and what is time line considering ages 23yrs6 months old oldest to 16yrs6months old by JAN 12TH 2025 when I hope to become LPR

[Winter_water 1]

2 minutes ago, apond said:

 

as I told you on the other forum each kid will need a 130. 

I feel more comfortable to deal with my children my self and not at mercy of step mother. How soon can I petition I-130 for them and what is time line considering ages 23yrs6 months old oldest to 16yrs6months old by JAN 12TH 2025 when I hope to become LPR