Filing I-130 for my wife's daughter

[MarcRosie]

When we get the wife's green card we will immediately send in the I-130 for her daughter. My question is this. Since my wife isn't working, will there be a request for proof of financial support from me? Or isn't this a requirement.Is there anything I need to do to make this happen? I can't file the 130 for her daughter because she's over 18.

[True Blue]

When we get the wife's green card we will immediately send in the I-130 for her daughter. My question is this. Since my wife isn't working, will there be a request for proof of financial support from me? Or isn't this a requirement.Is there anything I need to do to make this happen? I can't file the 130 for her daughter because she's over 18.

 

 

I am in the exact same boat you are in - wife has green card, no job, adult daughter. My wife filed for her several months ago. No questions of support on the form when it is filed. We got notification by email, then the written receipt came by mail about 3 weeks later. They assigned it to California Service Center - it's the slowest place it could possible go. But it doesn't really matter, since there is such a long delay for an open immigration slot for China Mainland born adult children of US permanent residents.

 

I don't know all the answers, so perhaps someone else can help. But can share what I think I have figured out.

 

-From what I can gather, it looks like it will take about a year for someone to actually pick up the form and review it.

-Then it appears they do some sort of investigation of my wife and her daughter, although it is unclear what that investigation consists of.

-Not sure if a decision is rendered then or not. But in any event, I read that a 325 bio form for the daughter will be needed at some point.

 

It looks like there is currently about an 8 year wait for an immigration slot to open up. The wait was 10 to 11 years before the U.S. economic collapse. Not sure, if the wait can get longer once you have a place in line, if the U.S. economy improves.

 

As for how the daughter will be supported once she gets here, maybe they wait to ask until closer to the time that an immigration slot is actually open. I don't know. Right now, I just think of the I-130 as yet another fee donation to the USCIS. Because of the long line and limited slots for China Mainland born adult children it seems so far away. In another decade if I'm still alive, I'll wake up and deal with it.

 

This is important though. How to check the status of the line and the wait time.

You can check the current Visa bulletin here each month by going here.

http://www.travel.state.gov/visa/bulletin/bulletin_1770.html

 

1. For China mainland adult children of US Permanent residents, find the date in the F2B row and the 2nd column (China Mainland). [01JUL03]

 

2. The difference from that date and the current date is the current time wait. So if next year on July 2012, the date in the F2B row and China Mainland column it is 01Jul04, then the wait time is still 8 years,

 

3. As for the change in wait times, I read somewhere the decline in the U.S. economy has caused many Chinese and Indian immigrants to drop out of line. They realize there are few jobs here. Because of financial growth, they can now pursue more lucrative jobs in their own countries.

 

Perhaps someone who has actually been through this successfully can share with us.

[dnoblett]

It will be a few years before a visa number is issued in this case, at that time your wife will be expected to send an I-864 affidavit of support to NVC if unemployed you can provide one as joint sponsor or member of household. Petitioner must be primary sponsor and provide the affidavit of support.

 

So who knows perhaps by the time NVC issues a visa number she may be employed and fully able to provide the AOS.

[Randy W]

When we get the wife's green card we will immediately send in the I-130 for her daughter. My question is this. Since my wife isn't working, will there be a request for proof of financial support from me? Or isn't this a requirement.Is there anything I need to do to make this happen? I can't file the 130 for her daughter because she's over 18.

 

 

 

To be clear on this - if your step-daughter was under 18 AT THE TIME OF YOUR MARRIAGE, YOU can file the I-130.

 

Under 21 (Step) daughter of an American citizen is a MUCH faster category, but she fits this category ONLY if she was under 18 when you got married.

[dnoblett]

Randy, she was well beyond 18 at time of marriage, this is the case of the 20 year old K-2 daughter, that left the USA before adjusting status.

 

SEE: http://candleforlove.com/forums/index.php?/topic/43331-starting-aos-overbummer/

[Randy W]

Okay

[ME4Ying]

I have a related question. My step-son was 15 when we were married. He and my wife came to the US on a K3/K4 visa but my step-son decided to return to China and did not apply for a green card. My wife has her 10-year greeen card and now her son may want to live in the USA after all. He just turned 20-years-old. Is the process different if her son (or she/we) apply before he turns 21?

[dnoblett]

I have a related question. My step-son was 15 when we were married. He and my wife came to the US on a K3/K4 visa but my step-son decided to return to China and did not apply for a green card. My wife has her 10-year greeen card and now her son may want to live in the USA after all. He just turned 20-years-old. Is the process different if her son (or she/we) apply before he turns 21?

 

You the US Citizen step parent will file an I-130 for step child, you will attach copy of birth cert+translation showing relationship to your spouse, and a copy of marriage cert+translation showing marriage to step-child's parent these two docs prove marriage took place prior to child's 18th birthday, and step parent/step child relationship.

 

Do it ASAP, so that can get IR-2 visa and entry to the USA before AGE 21.

 

Guide: http://www.visajourney.com/content/childpet

Edited June 17, 2011 by dnoblett (see edit history)

[ME4Ying]

I have a related question. My step-son was 15 when we were married. He and my wife came to the US on a K3/K4 visa but my step-son decided to return to China and did not apply for a green card. My wife has her 10-year greeen card and now her son may want to live in the USA after all. He just turned 20-years-old. Is the process different if her son (or she/we) apply before he turns 21?

 

You the US Citizen step parent will file an I-130 for step child, you will attach copy of birth cert+translation showing relationship to your spouse, and a copy of marriage cert+translation showing marriage to step-child's parent these two docs prove marriage took place prior to child's 18th birthday, and step parent/step child relationship.

 

Do it ASAP, so that can get IR-2 visa and entry to the USA before AGE 21.

 

Guide: http://www.visajourney.com/content/childpet

 

 

I was looking at the I-130 instructions and it indicates a green cards holder can also apply for a child. My wife does have a 10 year green card. Any downside to her applying instead of me?

[ME4Ying]

I have a related question. My step-son was 15 when we were married. He and my wife came to the US on a K3/K4 visa but my step-son decided to return to China and did not apply for a green card. My wife has her 10-year greeen card and now her son may want to live in the USA after all. He just turned 20-years-old. Is the process different if her son (or she/we) apply before he turns 21?

 

You the US Citizen step parent will file an I-130 for step child, you will attach copy of birth cert+translation showing relationship to your spouse, and a copy of marriage cert+translation showing marriage to step-child's parent these two docs prove marriage took place prior to child's 18th birthday, and step parent/step child relationship.

 

Do it ASAP, so that can get IR-2 visa and entry to the USA before AGE 21.

 

Guide: http://www.visajourney.com/content/childpet

 

 

I was looking at the I-130 instructions and it indicates a green cards holder can also apply for a child. My wife does have a 10 year green card. Any downside to her applying instead of me?

 

If fact, looking closer it requires a lot less documentation.

[Randy W]

I have a related question. My step-son was 15 when we were married. He and my wife came to the US on a K3/K4 visa but my step-son decided to return to China and did not apply for a green card. My wife has her 10-year greeen card and now her son may want to live in the USA after all. He just turned 20-years-old. Is the process different if her son (or she/we) apply before he turns 21?

 

You the US Citizen step parent will file an I-130 for step child, you will attach copy of birth cert+translation showing relationship to your spouse, and a copy of marriage cert+translation showing marriage to step-child's parent these two docs prove marriage took place prior to child's 18th birthday, and step parent/step child relationship.

 

Do it ASAP, so that can get IR-2 visa and entry to the USA before AGE 21.

 

Guide: http://www.visajourn...ontent/childpet

 

 

I was looking at the I-130 instructions and it indicates a green cards holder can also apply for a child. My wife does have a 10 year green card. Any downside to her applying instead of me?

 

 

 

Yes - it will save you a few minutes, but end up costing her around 5 years in wait time for an available visa number. Children of an LPR is a numerically limited visa category - children of a US citizen is not.

[dnoblett]

Yes - it will save you a few minutes, but end up costing her around 5 years in wait time for an available visa number. Children of an LPR is a numerically limited visa category - children of a US citizen is not.

 

Note: If Son or Daughter of US Citizen is older than 21 when the petition is filed, or when immigrant becomes US Citizen, then the child is also numerically limited, as well as cases where son/daughter is married.