Visa for my wife and step child

[stacato]

Hi everybody,

 

I am new to this site and need some help. I recently got married in China, and I need info as to what is the best way to go in regards to a visa for my wife and step child. Are there any step by step guidlines anywhere?

 

Sincerely

 

Stacato

[warpedbored]

Welcome to CFL the one stop shopping place for visa information as it pertains to China.

The first thing you need to do is file the I-130. Once you get your first notice of action back from that I would recomend you file an I-129F for a K-3 visa and see which one gets approved first. Basically a K-3 visa allows your wife to come to the states while the I-130 is processed. Expect a wait of about a year. There are links to sample forms in our links and resources section. Kick back open a bag of cheetos and settle in for a long wait. We will amuse you and advise you in the mean time.

Edited October 8, 2005 by warpedbored (see edit history)

[JamesnYuHong]

Welcome to CFL the one stop shopping place for visa information as it pertains to China. 

The first thing you need to do is file the I-130.  Once you get your first notice of action back from that I would recomend you file an I-129F for a K-3 visa and see which one gets approved first.  Basically a K-3 visa allows your wife to come to the states while the I-130 is processed.  Expect a wait of  about a year.  There are links to sample forms in our links and resources section. Kick back open a bag of cheetos and settle in for a long wait.  We will amuse you  and advise you in the mean time.

159222[/snapback]

Yeah, what he said. Get them filed ASAP, because the wait is long enough as it is. Make sure everything has original signatures. Also make photocopies for your own records, in case our government loses anything.

 

While you wait, make sure you save all e-mails, letters, chat logs, gift receipts, Western Union receipts, airplane ticket stubs, and other evidence of your relationship. You'll need to present that stuff at the interview.

 

Don't want to give you too much to think about right now, but after you've filed the initial I-130 and I-129f ... something to think about:

If your I-130 should be approved first, which is possible, be familiar with the NVC shortcuts, about which there is a thread or two on this site. They can save you a month or two. There are some forms you probably ought to print off and send to her to pre-sign, so you'll be ready to send them in when asked for. Or if she has a computer, she can print them herself and send them to you.

[JamesnYuHong]

And actually I believe you should send two I-130s ... one for her and one for any child that is coming.

[stacato]

Welcome to CFL the one stop shopping place for visa information as it pertains to China. 

The first thing you need to do is file the I-130.  Once you get your first notice of action back from that I would recomend you file an I-129F for a K-3 visa and see which one gets approved first.  Basically a K-3 visa allows your wife to come to the states while the I-130 is processed.  Expect a wait of  about a year.  There are links to sample forms in our links and resources section. Kick back open a bag of cheetos and settle in for a long wait.  We will amuse you  and advise you in the mean time.

159222[/snapback]

Thanks for the info. I will do just that. I have all the documents, and all I need to do now is file the forms. An attorney gave a quote of $1800.00 for doing this but I think I can do it myself. What do you think?

[tywy_99]

If you want to go the K-3 way, you can start by filing the I-130 for your wife but not necessarily for your stepchild. Of course, filing initially for both is the most expedient way of doing it because eventually you'll have to file the I-130 for the child anyways but it is not needed for an NIV.

The visa for the child would be the K-4, which is a derivative of the K-3, meaning the child will get the visa solely on the mother's K-3.

The K visas are nonimmigrant visas (NIVs).

Alternative to the K-3 and K-4 are the immigrant visas (IVs). IR/CR-1 and IR/CR-2. IR is Immediate Relative and CR is Conditional Resident. The 1 is for spouse and the 2 is for child.

In this case, the I-130 will need to be filed simultaneously for the mother and child because the immigrant visa has no derivative visa for a child.

So there you have it. (for now)

Edited October 9, 2005 by tywy_99 (see edit history)

[Guest Gene]

Welcome Aboard

 

Some have used lawyers, but a lot of people here did it by themselves

Edited October 9, 2005 by Gene (see edit history)

[jtaylo69]

Welcome Aboard & DEFINATELY, Save yourself the heartache & go with the K3 I-129 Visa process. You will thank yourself & everyone later. Less Headaches & Pleanty of Cheetoes & Beer

 

Just watch out for that Trigg Character in here. He'll get you mopped slaped way before she ever arrives

Edited October 9, 2005 by jtaylo69 (see edit history)

[tywy_99]

is that a 50cc or a 150cc model moped?....

[frank1538]

Welcome to CFL. Here's a good overview of the process: http://www.visajourney.com/forums/index.php?pg=guides

 

I agree that filing both the I-130 and I-129F is a prudent thing. On the issue of using a lawyer, that's a personal choice and may well turn on your comfort level. I will say this though. For the vast majority of petitions/applications, a lawyer is not really needed and with so much knowledge on this board, we sometimes end up having to educate the lawyers on the process.

 

Good luck.

[stacato]

Welcome to CFL.  Here's a good overview of the process:  http://www.visajourney.com/forums/index.php?pg=guides

 

I agree that filing both the I-130 and I-129F is a prudent thing.  On the issue of using a lawyer, that's a personal choice and may well turn on your comfort level.  I will say this though.  For the vast majority of petitions/applications, a lawyer is not really needed and with so much knowledge on this board, we sometimes end up having to educate the lawyers on the process.

 

Good luck.

159354[/snapback]

Thank you so much. This is so helpfull. I am so glad I found this site. Now one more question. Since I am filling for my step child also, Should I treat his application the same, (As far as documents etc.) and should I send both applications together in one packet to the center? Can you please tell me how to do this?

 

Thank's again

[frank1538]

Welcome to CFL.?Here's a good overview of the process:?http://www.visajourney.com/forums/index.php?pg=guides

 

I agree that filing both the I-130 and I-129F is a prudent thing.?On the issue of using a lawyer, that's a personal choice and may well turn on your comfort level.?I will say this though.?For the vast majority of petitions/applications, a lawyer is not really needed and with so much knowledge on this board, we sometimes end up having to educate the lawyers on the process.

 

Good luck.

159354[/snapback]

Thank you so much. This is so helpfull. I am so glad I found this site. Now one more question. Since I am filling for my step child also, Should I treat his application the same, (As far as documents etc.) and should I send both applications together in one packet to the center? Can you please tell me how to do this?

 

Thank's again

159356[/snapback]

Just a couple of thoughts. As ty stated, if you are going to rely on the K-3/K-4 visa, you don't need to file the I-130 for the child, but I would recommend that you do so. If you want to use the "dual track" for the child (either K-4 or CR-2/IR-2, you should go ahead and file the I-130 for the child as well. Incidentally, how old is the child?

 

I use the rule of thumb that visa applications (filed by the alien) for children should be treated in the same way as for the parent so that separate applications and supporting documentation would be supplied by them when they actually file, even though it may be redundant.

 

For petitions (filed by the US citizen/resident), I would follow the same rule for petitioning for non derivative visas such as you would do with the I-130. For derivative visa petitions, it is usually sufficient to supply the information for the principal and make sure the derivative is listed.

 

So, if you are going to file the I-130 for the child, I'd probably provide a complete set even if the information is redundant. In filing the I-129F for the K-3/K-4 I think you just have to list the child's name, etc. on the form. This is what I did when I filed the I-129F for Jingwen and the kids (K-1/K-2). Maybe others who have filed for K-3/K-4 can confirm this.

 

As far as how to prepare the submissions, USCIS actually has some guidance on this. Take a look at http://uscis.gov/graphics/fieldoffices/scnational/index.htm and http://uscis.gov/graphics/fieldoffices/scn...nal/index.htm#H

[stacato]

Welcome to CFL.?Here's a good overview of the process:?http://www.visajourney.com/forums/index.php?pg=guides

 

I agree that filing both the I-130 and I-129F is a prudent thing.?On the issue of using a lawyer, that's a personal choice and may well turn on your comfort level.?I will say this though.?For the vast majority of petitions/applications, a lawyer is not really needed and with so much knowledge on this board, we sometimes end up having to educate the lawyers on the process.

 

Good luck.

159354[/snapback]

Thank you so much. This is so helpfull. I am so glad I found this site. Now one more question. Since I am filling for my step child also, Should I treat his application the same, (As far as documents etc.) and should I send both applications together in one packet to the center? Can you please tell me how to do this?

 

Thank's again

159356[/snapback]

Just a couple of thoughts. As ty stated, if you are going to rely on the K-3/K-4 visa, you don't need to file the I-130 for the child, but I would recommend that you do so. If you want to use the "dual track" for the child (either K-4 or CR-2/IR-2, you should go ahead and file the I-130 for the child as well. Incidentally, how old is the child?

 

I use the rule of thumb that visa applications (filed by the alien) for children should be treated in the same way as for the parent so that separate applications and supporting documentation would be supplied by them when they actually file, even though it may be redundant.

 

For petitions (filed by the US citizen/resident), I would follow the same rule for petitioning for non derivative visas such as you would do with the I-130. For derivative visa petitions, it is usually sufficient to supply the information for the principal and make sure the derivative is listed.

 

So, if you are going to file the I-130 for the child, I'd probably provide a complete set even if the information is redundant. In filing the I-129F for the K-3/K-4 I think you just have to list the child's name, etc. on the form. This is what I did when I filed the I-129F for Jingwen and the kids (K-1/K-2). Maybe others who have filed for K-3/K-4 can confirm this.

 

As far as how to prepare the submissions, USCIS actually has some guidance on this. Take a look at http://uscis.gov/graphics/fieldoffices/scnational/index.htm and http://uscis.gov/graphics/fieldoffices/scn...nal/index.htm#H

159361[/snapback]

Thanks so much again, and to answer your question, the child just turned 15 a couple of month ago.

[cosmiclobster]

Stacato: My advice is to save the lawyer fees, do it yourself with our help and then you can use that money to sponsor a CFL get together in your home town to thank all the nice CFL people who helped you!!

 

Seriously though, unless your petition will have problems like unresolved shared custody of the minor child, previous unresolved and/or pending divorces, possible police record problems, previous visa issues or some other such out of the ordinary circumstances, the lawyer could help or could actually be a hinderance. people on CFL who have used a lawyer (before they discovered CFL) have a 50/50 track record for help to hinderence.

 

Good luck and welcome to CFL

[stacato]

Stacato: My advice is to save the lawyer fees, do it yourself with our help and then you can use that money to sponsor a CFL get together in your home town to thank all the nice CFL people who helped you!!  

 

Seriously though, unless your petition will have problems like unresolved shared custody of the minor child, previous unresolved and/or pending divorces, possible police record problems, previous visa issues or some other such out of the ordinary circumstances, the lawyer could help or could actually be a hinderance. people on CFL who have used a lawyer (before they discovered CFL) have a 50/50 track record for help to hinderence.

 

Good luck and welcome to CFL

159436[/snapback]

Speaking of a minor child, my stepson is 15 , and my wife has full custody. Will we need any type of document from his father (Who, by the way is not involved in his life in any way).