How to file I-130 for my son in China.

[smalltoe]

My husband is a US citizen. I have GC. Anyone knows where to find detailed instruction about procedures and forms needed to file immigration petition for my 9-year son in China? My husband has finished I-130, 864 and get supporting documents: naturalization cert, marriage cert, divorce cert(previous marriage), passport page and Birth cert of my son ready(all copies). Is there anything I omitted?

How long does this process take? I hope the interview will be in next summer (May-Aug) so I can go to GZ with him and bring him here.

Thanks a million!

[warpedbored]

Since your son is under 21 and your husband is a naturalized citizen he can file for the boy as a parent based on his marriage to you. The process takes about the same time as a CR-1 visa for a wife. Usually 12-14 months. Someone recently reported a denial for a child because of no bonafide relationship between Father and step child. I'm still baffled abouit that but it would be a good idea to show an ongoing relationship between them. It looks like you have a pretty good handle on what documents you need. My wife and I are filing for her son too. Unfortunately he is over 21 so we will have to wait a few years.

[lostinblue]

http://candleforlove.com/forums/index.php?showtopic=13959

http://www.visajourney.com/forums/index.ph...p;page=childpet

http://candleforlove.com/forums/index.php?...c=29012&hl=

 

 

 

She has legal custody of her son.

Does she still need a letter from her Ex-husband?

 

 

 

Read this answer!!

Dear CFL Members,

 

If one birth parent or legal guardian of a child is planning on taking a child (any minor under the age of 18) to the United States, and the other parent or legal guardian of the child is going to remain behind in China, they must be prepared to show that there is no legal impediment to the child leaving the country.

 

This can be demonstrated by showing who has custody of the child. Divorce agreements in China usually list who has legal custody of children. The birth parent staying in China can also provide a notarized statement saying that they are aware that the child plans to immigrate to the U.S. and that they agree with their immigration. These are the most common methods of demonstrating that there is no legal impediment to the child immigrating to the U.S.

 

Sometimes, for whatever reason, neither of these documents can be obtained. These situations are dealt with on a case by case basis.

 

Sincerely,

 

Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

Edited October 20, 2008 by lostinblue (see edit history)

[smalltoe]

http://candleforlove.com/forums/index.php?showtopic=13959

http://www.visajourney.com/forums/index.ph...p;page=childpet

http://candleforlove.com/forums/index.php?...c=29012&hl=

 

 

 

She has legal custody of her son.

Does she still need a letter from her Ex-husband?

 

 

 

Read this answer!!

Dear CFL Members,

 

If one birth parent or legal guardian of a child is planning on taking a child (any minor under the age of 18) to the United States, and the other parent or legal guardian of the child is going to remain behind in China, they must be prepared to show that there is no legal impediment to the child leaving the country.

 

This can be demonstrated by showing who has custody of the child. Divorce agreements in China usually list who has legal custody of children. The birth parent staying in China can also provide a notarized statement saying that they are aware that the child plans to immigrate to the U.S. and that they agree with their immigration. These are the most common methods of demonstrating that there is no legal impediment to the child immigrating to the U.S.

 

Sometimes, for whatever reason, neither of these documents can be obtained. These situations are dealt with on a case by case basis.

 

Sincerely,

 

Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

Thank you so much. I never thought about this. what if it's not easy to find my ex. I don't know where he is. Can I just have the divorce agreement which granted my custody of my son notarized without my ex's acknowledgment? As the instruction doesn't mention this proof obligation on me, I don't have to file it with I130. I only need to have it ready b4 interview, right? thanks again.

[warpedbored]

http://candleforlove.com/forums/index.php?showtopic=13959

http://www.visajourney.com/forums/index.ph...p;page=childpet

http://candleforlove.com/forums/index.php?...c=29012&hl=

 

 

 

She has legal custody of her son.

Does she still need a letter from her Ex-husband?

 

 

 

Read this answer!!

Dear CFL Members,

 

If one birth parent or legal guardian of a child is planning on taking a child (any minor under the age of 18) to the United States, and the other parent or legal guardian of the child is going to remain behind in China, they must be prepared to show that there is no legal impediment to the child leaving the country.

 

This can be demonstrated by showing who has custody of the child. Divorce agreements in China usually list who has legal custody of children. The birth parent staying in China can also provide a notarized statement saying that they are aware that the child plans to immigrate to the U.S. and that they agree with their immigration. These are the most common methods of demonstrating that there is no legal impediment to the child immigrating to the U.S.

 

Sometimes, for whatever reason, neither of these documents can be obtained. These situations are dealt with on a case by case basis.

 

Sincerely,

 

Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

Thank you so much. I never thought about this. what if it's not easy to find my ex. I don't know where he is. Can I just have the divorce agreement which granted my custody of my son notarized without my ex's acknowledgment? As the instruction doesn't mention this proof obligation on me, I don't have to file it with I130. I only need to have it ready b4 interview, right? thanks again.

If you have legal custody of the boy in your divorce decree you probably won't need the father's statement. The consulate may wonder why you left him behind and who is taking care of him. I would be prepared to explain it. A notatorial translated statement from whoever is taking care of him explaining they were only caring for him until you got settled in the US may be a good idea.

[LeeFisher3]

http://candleforlove.com/forums/index.php?showtopic=13959

http://www.visajourney.com/forums/index.ph...p;page=childpet

http://candleforlove.com/forums/index.php?...c=29012&hl=

 

 

 

She has legal custody of her son.

Does she still need a letter from her Ex-husband?

 

 

 

Read this answer!!

Dear CFL Members,

 

If one birth parent or legal guardian of a child is planning on taking a child (any minor under the age of 18) to the United States, and the other parent or legal guardian of the child is going to remain behind in China, they must be prepared to show that there is no legal impediment to the child leaving the country.

 

This can be demonstrated by showing who has custody of the child. Divorce agreements in China usually list who has legal custody of children. The birth parent staying in China can also provide a notarized statement saying that they are aware that the child plans to immigrate to the U.S. and that they agree with their immigration. These are the most common methods of demonstrating that there is no legal impediment to the child immigrating to the U.S.

 

Sometimes, for whatever reason, neither of these documents can be obtained. These situations are dealt with on a case by case basis.

 

Sincerely,

 

Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

Thank you so much. I never thought about this. what if it's not easy to find my ex. I don't know where he is. Can I just have the divorce agreement which granted my custody of my son notarized without my ex's acknowledgment? As the instruction doesn't mention this proof obligation on me, I don't have to file it with I130. I only need to have it ready b4 interview, right? thanks again.

Your divorce agreement should be enough at the interview.

[smalltoe]

Is there a $70 fee for filing I-864?

I'll file I-130 and I-864 for my son. I know the fee is $355 for form 130. There is nothing I can find in the USCIS fee schedule for form 864. But I kind of remember a posting says a $70 fee for 864.

Does anyone know that? Thanks a lot.

[smalltoe]

http://candleforlove.com/forums/index.php?showtopic=13959

http://www.visajourney.com/forums/index.ph...p;page=childpet

http://candleforlove.com/forums/index.php?...c=29012&hl=

 

 

 

She has legal custody of her son.

Does she still need a letter from her Ex-husband?

 

 

 

Read this answer!!

Dear CFL Members,

 

If one birth parent or legal guardian of a child is planning on taking a child (any minor under the age of 18) to the United States, and the other parent or legal guardian of the child is going to remain behind in China, they must be prepared to show that there is no legal impediment to the child leaving the country.

 

This can be demonstrated by showing who has custody of the child. Divorce agreements in China usually list who has legal custody of children. The birth parent staying in China can also provide a notarized statement saying that they are aware that the child plans to immigrate to the U.S. and that they agree with their immigration. These are the most common methods of demonstrating that there is no legal impediment to the child immigrating to the U.S.

 

Sometimes, for whatever reason, neither of these documents can be obtained. These situations are dealt with on a case by case basis.

 

Sincerely,

 

Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

Thank you so much. I never thought about this. what if it's not easy to find my ex. I don't know where he is. Can I just have the divorce agreement which granted my custody of my son notarized without my ex's acknowledgment? As the instruction doesn't mention this proof obligation on me, I don't have to file it with I130. I only need to have it ready b4 interview, right? thanks again.

Your divorce agreement should be enough at the interview.

My divorce agreement is in Chinese with both signature and fingerprint. Do I need to have it notarized, or just bring the original Chinese one to interview? Thanks.

[warpedbored]

You need to have a notatorial translation. Same one as you obtained for your visa. divorce decrees and birth certificates don't expire.