ME4Ying Posted August 29, 2011 Report Share Posted August 29, 2011 In 2008 my wife and step-son came to the US on a K3/K4 visa (I-129). My step-son decided to go back to China after 8 months to finish school, which he has now done. I am now in the process of filing another I-130 for him and have a few questions: I am assuming since he did not seek AOS that he has no A number. He does have a TAX ID number used on tax returns but no SS Number ¨C should I enter the TAX ID number under SS number on the I-130? In Part D, item 2, they ask for the place and date of previous petitions filed. As I recall I filed in NE but my petitions were transferred to CA and the I-797C Receipt Notice was sent from CA, as was the I-797C Approval Notice. I presume I put CA Service Center as ¡°Place filed¡±. Since he was approved before would it be helpful to include copies of any documents, I797C etc., visas...from the first filing? Thank you in advance. Link to comment
dnoblett Posted August 29, 2011 Report Share Posted August 29, 2011 1) Correct has no A number so do not enter one, can write "None" 2) The line is asking for SSN not ITIN so that too is "None" 3) Unless you filed two I-130s in the past case one for spouse and one for step child then you dont need to indicate a prior petition filed, many in K-3/K-4 cases would file I-130 for spouse only, the K-4 would be issued without I-130 filed, and later file the K-4's I-130 when filing the K-4's AOS Paperwork. Link to comment
ME4Ying Posted August 29, 2011 Author Report Share Posted August 29, 2011 1) Correct has no A number so do not enter one, can write "None" 2) The line is asking for SSN not ITIN so that too is "None" 3) Unless you filed two I-130s in the past case one for spouse and one for step child then you dont need to indicate a prior petition filed, many in K-3/K-4 cases would file I-130 for spouse only, the K-4 would be issued without I-130 filed, and later file the K-4's I-130 when filing the K-4's AOS Paperwork. Okay,thank you sir. I am clear on 1 and 2 but not 3. The question asked is "have you ever before filed a petition for this or any other alien?" I did file a seperate I-130 for both my wife and her son -- they were both approved. Now that you mention it, I also filed an I-129, which covered them both, also approved. Seems like I should mention all three? Also, all wound up in at Califonia Service Center so I guess that is the "where filed'? Link to comment
dnoblett Posted August 29, 2011 Report Share Posted August 29, 2011 I-129F was a supplement to the I-130. I would only list spouses I-130 as well as prior I-130 for step child. No need to also list the I-129F for the K-3 Link to comment
ME4Ying Posted August 29, 2011 Author Report Share Posted August 29, 2011 I-129F was a supplement to the I-130. I would only list spouses I-130 as well as prior I-130 for step child. No need to also list the I-129F for the K-3 Good - not much room anyway. What do you think about the "place filed". I believe the package was sent to NE because of where I live but immediately transfered to CA. The Receipt Notice referenced CA Service Center at the bottom. So the "place filed" would be CA? Thanks so much again Dan. You are always so much help. Perhaps I am too careful with this stuff but so far so good. Link to comment
dnoblett Posted August 30, 2011 Report Share Posted August 30, 2011 I-129F was a supplement to the I-130. I would only list spouses I-130 as well as prior I-130 for step child. No need to also list the I-129F for the K-3 Good - not much room anyway. What do you think about the "place filed". I believe the package was sent to NE because of where I live but immediately transfered to CA. The Receipt Notice referenced CA Service Center at the bottom. So the "place filed" would be CA? Thanks so much again Dan. You are always so much help. Perhaps I am too careful with this stuff but so far so good. Cannot remember when they begun to be sent to the Chicago PO Box, but I suspect will not matter what you put down as where filed. Go with CSC if that is what the receipts indicate. Link to comment
dnoblett Posted August 30, 2011 Report Share Posted August 30, 2011 One other point, I would note in large red letters on the petition and cover letter "Please Expedite, potential age out", Turning 21 prior to visa interview may be an issue. Link to comment
ME4Ying Posted August 30, 2011 Author Report Share Posted August 30, 2011 One other point, I would note in large red letters on the petition and cover letter "Please Expedite, potential age out", Turning 21 prior to visa interview may be an issue. Where on the petition would you suggest I add those large red letters? Any idea of the timing? His birthday in early June. Also, do you think including any other document, for example a copy of the earlier Approval or his K4 visa? Link to comment
Randy W Posted August 30, 2011 Report Share Posted August 30, 2011 (edited) One other point, I would note in large red letters on the petition and cover letter "Please Expedite, potential age out", Turning 21 prior to visa interview may be an issue. Per the Child Status Protection Act, the age is frozen as of the date the petition is filed If the petition (Form I-130, Petition for Alien Relative) was filed by a U.S. citizen parent for his or her child, the beneficiary’s age “freezes” on the date of filing. This applies to immediate relative visa applications as well (the age used is the age at which the petition was filed, for immediately available visa numbers). http://travel.state....grams_1429.html Edited August 30, 2011 by Randy W (see edit history) Link to comment
ME4Ying Posted August 30, 2011 Author Report Share Posted August 30, 2011 One other point, I would note in large red letters on the petition and cover letter "Please Expedite, potential age out", Turning 21 prior to visa interview may be an issue. Per the Child Status Protection Act, the age is frozen as of the date the petition is filed If the petition (Form I-130, Petition for Alien Relative) was filed by a U.S. citizen parent for his or her child, the beneficiary¡¯s age ¡°freezes¡± on the date of filing. This applies to immediate relative visa applications as well (the age used is the age at which the petition was filed, for immediately available visa numbers). http://travel.state....grams_1429.html Thanks for the info Randy. That seems like it may take some pressure off. His birthday is not until June so I am hoping to be done by then. However, while the law you cited may apply you only have to hope the interviewer knows the law. Link to comment
Randy W Posted August 30, 2011 Report Share Posted August 30, 2011 Thanks for the info Randy. That seems like it may take some pressure off. His birthday is not until June so I am hoping to be done by then. However, while the law you cited may apply you only have to hope the interviewer knows the law. This is one law they know very well - you shouldn't have a problem. Wouldn't hurt to have a copy of it handy, though. http://www.uscis.gov/files/pressrelease/CSPA092002_pub.pdf Link to comment
ME4Ying Posted August 30, 2011 Author Report Share Posted August 30, 2011 Thanks for the info Randy. That seems like it may take some pressure off. His birthday is not until June so I am hoping to be done by then. However, while the law you cited may apply you only have to hope the interviewer knows the law. This is one law they know very well - you shouldn't have a problem. Wouldn't hurt to have a copy of it handy, though. http://www.uscis.gov/files/pressrelease/CSPA092002_pub.pdf That's good news. I will print a copy of the pdf link and have it handy at the interview. Thanks again. Link to comment
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