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Please help with this filing...needs children to come with dad.

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  • Please help with this filing...needs children to come with dad.

    My friend Terese (a US citizen) recently married and filed an I-130 for her Uruguayan husband. He has two children also in Uruguay who she did not file for separately because she thought they would automatically be included in his filing since they are only 4 and 6 years old. I.e. She didn't realize that she had to complete an I-130 and other forms and pay the necessary fees for the children also. She then filed one I-129F for her husband thinking that this may solve her initial problem by allowing him and the children to come here together while his I-130 is processing. Once they all get here then she is planning on filing I-130 for the children.

    Is this reasoning flawed in any way?

    Are the children required to have I-130s filed in order to be considered in the I-129F that she filed?
    Did she have to file separate I-129Fs for each child?
    or if not separate I-129Fs, did she have to send in the biographic data forms for each person including the children?

  • #2
    My friend Terese (a US citizen) recently married and filed an I-130 for her Uruguayan husband. He has two children also in Uruguay who she did not file for separately because she thought they would automatically be included in his filing since they are only 4 and 6 years old. I.e. She didn't realize that she had to complete an I-130 and other forms and pay the necessary fees for the children also. She then filed one I-129F for her husband thinking that this may solve her initial problem by allowing him and the children to come here together while his I-130 is processing. Once they all get here then she is planning on filing I-130 for the children.

    Is this reasoning flawed in any way?

    Are the children required to have I-130s filed in order to be considered in the I-129F that she filed?
    Did she have to file separate I-129Fs for each child?
    or if not separate I-129Fs, did she have to send in the biographic data forms for each person including the children?

    Comment


    • #3
      she has to file a separate I-130 for each child. the I-129F will be denied because it's for fiance only.
      Anita Shia, Esq. has been practicing immigration law for nearly 10 years and is an active member of AILA (American Immigration Lawyers Association). Based in New York and New Jersey, she nevertheless represents clients from all over the U.S. and abr

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by uslawyer:
        she has to file a separate I-130 for each child. the I-129F will be denied because it's for fiance only. </div></BLOCKQUOTE>

        Untrue.
        The I-129F will automatically include all children under 21, with no separate petition required, removing a major disparity between current K1/K2 and spousal immigrant visa processes. However, Although a separate I-130 petition is not required for the children to obtain a K4 visa, an approved I-130 petition is required before they may be approved for Adjustment of Status to permanent resident. The I-130 petition still states the U.S. Citizen petitioner may not file for a stepchild, unless the marriage took place before the stepchild's 18th birthday. This detail must be addressed, in order to prevent an older stepchild from moving here on a K4 visa, yet being denied approval of the I-130 petition.
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

        Comment


        • #5
          consulting an immigration attorney will only lighten the weight of one's wallet.

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