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Just a word of caution. When I initially filed the I-130for my wife and step son I was told by the customer service number to file only one petition as he was an unmarried minor (10-years-old) and should be listed on my wife's application. WRONG! If you are a U.S. citizen you need to file I-130s for both. If you're a resident alien - file one and wait. I didn't find out the error until her visa was at NVC and spoke with them. Ironic but I called the USCIS customer service number to be sure I was doing it correctly.

 

I have spoken with four USCIS agents now (one in person) and two said I did it correct and two said I did it wrong. The system is frought with misinformation. When they say "resident" they don't mean a resident of the U.S., that is lingo for resident alien.

 

I hope this helps someone avoid the expense and lost time Yu Hsia and I are enduring.

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Just a word of caution. When I initially filed the I-130for my wife and step son I was told by the customer service number to file only one petition as he was an unmarried minor (10-years-old) and should be listed on my wife's application. WRONG! If you are a U.S. citizen you need to file I-130s for both. If you're a resident alien - file one and wait. I didn't find out the error until her visa was at NVC and spoke with them. Ironic but I called the USCIS customer service number to be sure I was doing it correctly.

 

I have spoken with four USCIS agents now (one in person) and two said I did it correct and two said I did it wrong. The system is frought with misinformation. When they say "resident" they don't mean a resident of the U.S., that is lingo for resident alien.

 

I hope this helps someone avoid the expense and lost time Yu Hsia and I are enduring.

I think if you file the I-129F for the K3/4 visa, you will be okay.

I didn't file the I-130 for my stepdaughter until they were here on the K3/4.

 

It may not be too late for you to file for K3/4.

 

-good luck

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