Child immigrating

[JamesnYuHong]

My wife has been here for almost two years -- she came on a CR-1. Now we want to bring her 6-year-old daughter. Is this checklist correct?

-I-130

-Copy of marriage certificate (wife and me)

-Copy of wife's divorce certificate

-Copy of my passport.

 

Is that it? From the instructions on the I-130, it didn't look like G-325s were necessary.

Also, does anyone know how long this should take at this point? I've been out of the loop for a while now.

Thanks!

[dnoblett]

I-130 directions:

What Documents Do You Need to Prove Family Relationship?

 

8. Stepparent/stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday, and copies of documents showing that any prior marriages were legally terminated.

 

Copy of passport needs to be all pages including cover, or you can just send a copy or your birth cert to prove you are a US Citizen.

 

I would submit a G-325A for the US Citizen Step Parent even though not requested in the directions.

 

Timing is the same as if you filed a I-130 for an IR-1/CR-1 for spouse, 1 to 1.5 year.

[JamesnYuHong]

I-130 directions:

What Documents Do You Need to Prove Family Relationship?

 

8. Stepparent/stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday, and copies of documents showing that any prior marriages were legally terminated.

 

Copy of passport needs to be all pages including cover, or you can just send a copy or your birth cert to prove you are a US Citizen.

 

I would submit a G-325A for the US Citizen Step Parent even though not requested in the directions.

 

Timing is the same as if you filed a I-130 for an IR-1/CR-1 for spouse, 1 to 1.5 year.

 

Ugh, so long. This is probably a dumb question, but is any visiting visa available for a child in this situation?

[Randy W]

 

 

Ugh, so long. This is probably a dumb question, but is any visiting visa available for a child in this situation?

 

 

It's been done by SheLikesMe?, but their situation was that the CR-2 was all but approved, waiting (for issuance) for the girl to finish school.

Edited August 7, 2007 by Randy W (see edit history)

[JamesnYuHong]

 

 

Ugh, so long. This is probably a dumb question, but is any visiting visa available for a child in this situation?

 

 

It's been done by SheLikesMe?, but their situation was that the CR-2 was all but approved, waiting (for issuance) for the girl to finish school.

 

Will it be impossible to do a visiting visa first, and permanent paperwork after she is here?

[Randy W]

 

 

Ugh, so long. This is probably a dumb question, but is any visiting visa available for a child in this situation?

 

 

It's been done by SheLikesMe?, but their situation was that the CR-2 was all but approved, waiting (for issuance) for the girl to finish school.

 

Will it be impossible to do a visiting visa first, and permanent paperwork after she is here?

 

 

That would be a K-4. If they treat it like they do K-2's, it can be done fairly quickly. The only(slight) complication is scheduling an interview date. They have a tendency to ignore requests unless one somehow catches their eye.

 

The catch is that your wife would have to have been given a K-3.

[dnoblett]

That would be a K-4. If they treat it like they do K-2's, it can be done fairly quickly. The only(slight) complication is scheduling an interview date. They have a tendency to ignore requests unless one somehow catches their eye.

 

The catch is that your wife would have to have been given a K-3.

Works the same with IR-Visas I have seen cases where parents visit and then adjust status.

 

The child would have to arrive on a visitors visa, and then you would file I-130/I-485/I-864 after the child is here on the visitor's visa.

Edited August 7, 2007 by dnoblett (see edit history)

[Randy W]

That would be a K-4. If they treat it like they do K-2's, it can be done fairly quickly. The only(slight) complication is scheduling an interview date. They have a tendency to ignore requests unless one somehow catches their eye.

 

The catch is that your wife would have to have been given a K-3.

Works the same with IR-Visas I have seen cases where parents visit and then adjust status.

 

The child would have to arrive on a visitors visa, and then you would file I-130/I-485/I-864 after the child is here on the visitor's visa.

 

Remember that China is different, though - the catch is how to get the original visa.

[dnoblett]

That would be a K-4. If they treat it like they do K-2's, it can be done fairly quickly. The only(slight) complication is scheduling an interview date. They have a tendency to ignore requests unless one somehow catches their eye.

 

The catch is that your wife would have to have been given a K-3.

Works the same with IR-Visas I have seen cases where parents visit and then adjust status.

 

The child would have to arrive on a visitors visa, and then you would file I-130/I-485/I-864 after the child is here on the visitor's visa.

 

Remember that China is different, though - the catch is how to get the original visa.

Yep the visitors visa from the consulates in China can be a tough one to get.

[jim_julian]

James, does the divorce certificate establish that your wife has sole custody of the daughter? If not, you have a birth father issue that needs to be handled.

[warpedbored]

It would likely be a little faster than a CR-1 for a spouse because there wouldn't need to be security checks for a 6 yr old. Jim is right make sure you have the father on board or there will be problems.

[JamesnYuHong]

My wife was never issued a K3. We applied for it, got an interview based on it, but by the time we showed up for the interview, the I-130 had arrived at the consulate. So the K3 was disposed of, and she was given a CR-1.

 

So do you think a visiting visa is possible? Is it better to try for that first, or go ahead with the CR-1? (I just sent the I-130 for CR-1 today, but I guess I could call it back.)

 

Birth father has been a problem (actually, "the" problem), but he recently said daughter could come. We now need to establish the custody formally.

[JamesnYuHong]

My wife has been here for almost two years -- she came on a CR-1. Now we want to bring her 6-year-old daughter. Is this checklist correct?

-I-130

-Copy of marriage certificate (wife and me)

-Copy of wife's divorce certificate

-Copy of my passport.

 

Is that it? From the instructions on the I-130, it didn't look like G-325s were necessary.

Also, does anyone know how long this should take at this point? I've been out of the loop for a while now.

Thanks!

 

Also, because my head is beginning to spin, I hope no one will be offended if I post this at Guangzhou Speaks, too.

[dnoblett]

My wife has been here for almost two years -- she came on a CR-1. Now we want to bring her 6-year-old daughter. Is this checklist correct?

-I-130

-Copy of marriage certificate (wife and me)

-Copy of wife's divorce certificate

-Copy of my passport.

 

Is that it? From the instructions on the I-130, it didn't look like G-325s were necessary.

Also, does anyone know how long this should take at this point? I've been out of the loop for a while now.

Thanks!

 

Also, because my head is beginning to spin, I hope no one will be offended if I post this at Guangzhou Speaks, too.

Keep in mind that forum is for questions of a general nature, not specific cases.

[warpedbored]

Personally I think the chances of your step daughter getting a visitors visa are slim to none. I doubt many parents would relinquish their Child back to China for the visa process to continue. It seems pretty obvious that your intent would be to keep the child and adjust status here. I know I would in your shoes. The consulate knows that too. They would almost assuredly deny the visa. Much as you want to hurry the process, it is beyond your control. It will take as long as it takes. My best guess is 8-14 months.

Edited August 7, 2007 by warpedbored (see edit history)