I-130 Petition for stepson

[LatinIntro]

When filing for an I-130, does the petitioner include  in the same package both the I-130 for the spouse and the I-130 for the stepson, or does he have to make two different packages and repeat all the documentation for each package?

[LatinIntro]

... in response to I-130 Petition for stepson, posted by LatinIntro on May 31, 2005

What are the average processing times for K3 nowadays?

[Ray]

... in response to Re: I-130 Petition for stepson, posted by LatinIntro on Jun 1, 2005

Approx 7 months before it reaches the embassy...

YMMV

[Ray]

... in response to I-130 Petition for stepson, posted by LatinIntro on May 31, 2005

[This message has been edited by Ray]

OOPS!

[Ray]

... in response to I-130 Petition for stepson, posted by LatinIntro on May 31, 2005

You have to file two separate I-130 petitions, but you should send them together in the same envelope so they will be processed together.

The documentation is not the same for the spouse and the child. For the spouse petition, you will need photos of yourself and your wife, along with a form G-325A for both. The child’s petition does not require photos or G-325A’s. Include a copy of your birth certificate, your marriage certificate, and any divorce decrees with both petitions. Include a copy of the child’s birth certificate with the child’s petition. Though not specifically requested, I would also include a copy of your wife’s birth certificate with her petition.

Keep the two petitions separate with separate fee payments. Be sure to complete section D.1. and use full middle names.

Ray

[Ken2]

... in response to Re: I-130 Petition for stepson, posted by Ray on May 31, 2005

So, if you wanted to bring your stepson and already filed the I 129f, you need to also file another petition (I 130)?  The I 129f has a section for the children of your fiance, is this not enough?

[Ray]

... in response to Re: Re: I-130 Petition for stepson, posted by Ken2 on May 31, 2005

...we’re not talking fiancée. We’re talking spouse.

You could file an I-130 for your spouse only and then file an I-129F K-3/K-4 petition to include both. The problem is that the K-3 is EXTREMELY slow as Fuzzy mentioned and CIS apparently has NO intention of doing anything about it. If you go this route, then you essentially eliminate yourself from using the CR-1/CR-2 immigrant visa for your spouse and stepchild.

Even if you try to save a few bucks by going K-3/K-4 with one I-130 petition only, it will eventually catch up to you later when you adjust status for the K-4. With the recent processing time differences between K-3 and CR-1, I would DEFINITELY file two I-130 petitions. Filing the K-3 petition is optional and probably a waste of money right now.

Ray

[maggiemtnman]

... in response to But..., posted by Ray on Jun 1, 2005

Ray, what is the CR-1?  .. thanks

[Ray]

... in response to Re: But..., posted by maggiemtnman on Jun 1, 2005

CR-1 is the Conditional Resident immigrant visa for the spouse of a U.S. citizen.

If married two years, IR-1 visa is applicable.

[maggiemtnman]

... in response to Re: Re: But..., posted by Ray on Jun 1, 2005

Thanks, is the CR-1 visa given to women that get married in Colombia to a US citizen and then adjust status when she travels to the USA? Is the IR-1 visa for women that marry in Colombia and then appy for a US visa after being married for two years?

[Ray]

... in response to Re: Re: Re: But..., posted by maggiemtnman on Jun 1, 2005

Yes, that’s mostly correct.

The CR-1 and IR-1 are identical except that the CR-1 is for foreign spouses married less than 2 years on the date they arrive in the U.S.  They are both immigrant visas so there is no adjustment of status involved. They arrive as a legal resident and receive their Green Card automatically, 2-year card for CR-1 and 10-year permanent card for IR-1. The CR-1 spouses need to file a petition to remove conditions after they have been here for 2 years and then are given a 10-year Green Card.

Ray

[maggiemtnman]

... in response to Re: Re: Re: Re: But..., posted by Ray on Jun 1, 2005

thanks ...

[Fuzzyone]

... in response to Re: Re: I-130 Petition for stepson, posted by Ken2 on May 31, 2005

The problem Ken is it takes forever for them to approve the 129f (k3). Don't
take the chance believe me it does not pay in the end.

[Fuzzyone]

... in response to I-130 Petition for stepson, posted by LatinIntro on May 31, 2005

File a seperate package for him and include all the same paperword.