mkay_m3

1 hour ago, Georgia16 said:

 

So you brought them over here on a tourist visa with the intent for them to stay and remain in the US. (Which is actually visa fraud)

 

You don't have the prober documents for the child to stay as you don't have a letter saying that he can migrate and stay in the US to live but only to visit.

 

You are saying you are not a step dad to a child whos mother you just married.

 

Seems like a big mess. You really should have thought this more through before you guys did this.

 

Get the mom to contact the father for a letter that states that she has his consent to migrate to the USA with the child.

So what makes you think the letter from the father was obtained to travel and migrate to US and they (mom and son) did not travel elsewhere as tourists?

Where exactly did you read that they were brought over on a tourist visa with intent to stay? Nowhere? Didn't think so either

1 minute ago, Boiler said:

This was before she left?

Yes, when he was signing a travel consent

6 minutes ago, Going through said:

I'm assuming the dad was not aware that the child would be remaining in the US once crossing the border on a tourist visa when he gave consent for the child to travel?

 

He was and said something to the effect of "good luck with your new life in US. I hope you guys will be happy over there"

10 minutes ago, Going through said:

Travel consent is quite different from consent for the child to immigrate and live permanently inside the US.

What is your wife's home country?

Russia

1 minute ago, Boiler said:

Father OK with the child migrating?

Kinda. We have paperwork from him saying he doesn't mind his son travelling anywhere in the world and the dude just vanished after that.....

2 minutes ago, aleful said:

hi

nope, separate petitions separate group of forms, both petitions require the same forms except for the i130A for your stepson

i130,  i485, i864, l765, I131, i693 medical and vaccinations

 

 

Thanks. So, 

i-130 x2

i-485 x2

i-864 x2

i-130a x1

i-765 x1 (since he's a minor)

i-693 x2

I-131 not needed since they don't plan on travelling until they get their green cards

Correct?

3 minutes ago, Boiler said:

On what basis is your wife and step child in the US?

Entered with tourist visas

I'm a US citizen applying for a spouse. We've recently got married here in US and we all live together in US - myself, my wife and her 2 y.o. son. I'm not a biological father and not a step-dad at the moment.

I did search the forum and read through instructions for I-130 and I-485 but didn't get a clear answer.

1) Do I submit a separate I-130 for my wife's son or include him on HER I-130?

2) I plan on submitting a complete package in a single shot - I-130(s), I-130a, I-485 and I-864. Do i need to submit any additional documents for her son, like a separate I-485?

Thanks!