MarthaMujica

I thought I had to wait till I got my first NOA from I-130 submittal to then send I-129F pkg and at that point I could then claim my new hubby's kids under 18. But I just read on Kamya site that I should include step children in my I-130 pkg?
Pls someone help
thanks
Martha

utopiacowboy

Your first statement is correct. You cannot include stepchildren on an I-130. You CAN include them on an I-129F because their visa (K-4) is derivative from their parent's K-3. However, at some point you will have to file I-130's for each of them, either before you file the I-129F or later. In my own case I have not filed I-130s for my wife's children yet but I will after they get here with their mother next year. It's another $400 (3 x $130) I would rather wait to spend.

SidAngelika

Good to read this reply because certain information on websites made me wonder too about needing a seperate I-130 for my son who is now stepson to my US citizen husband. We got married a few weeks prior to his 18th birthday so I think we should not worry about his age. He is coming along on k4 also since he still is my dependent. We are at day 124 since first NOA from MSC...had RFE recently.....good luck to anyone on this board!!! Angelika (Germany)

jeffreyhy

Martha,

I'm wondering what you mean by "claim my new hubby's kids under 18".

Both the I-130 (on line 17) and the I-129f (on line 14) tell you to list all children of your alien relative or fiance(e), as the case may be.

List them.

Regards, JEff

Mrt

utopiacowboy wrote:
    > Your first statement is correct. You cannot include stepchildren on an
    > I-130.

Nonsense.

Mrt

mrt wrote:

    > utopiacowboy wrote:
    >
    >> Your first statement is correct. You cannot include stepchildren on an
    >> I-130.
    >
    >
    > Nonsense.
    >

My confusion...

I thought you meant they could not file an I-130 for a step child.

utopiacowboy

Yes, of course you list the stepchildren on the spouse's I-130 (Section C. Question 17) but they require a separate I-130 for each of them. Read the instructions for the I-130.

MarthaMujica

thank you for everyone's replies. I think I'll wait to claim my husband's kids when I do the I-129F after I get my needed NOA from I-130. Just starting the process. I'm also looking into slightly delaying stepkids arrival to US as long as visa allows it before it expires - I believe it is a year max. that K-4 is valid to travel once is granted.
Thanks again!!!
Martha

jeffreyhy

Martha,

Better check that period of validity for a K4 visa. I used to believe the same for a K2. I was wrong.

I'm still wondering what you mean by "claim" my husband's kids...

Regards, JEff

MarthaMujica

I'm sorry Jeff - I probably mean to say petition for my spouse's children under 18. I will inquire with Immigration about how long is K-4 for after being granted - thanks!!