Squentna

I submitted an I-130 for the wife/mother to CSC in April 07, and
recieved "notice of receipt". I did not send the I-130 for the child
(age 17) which I discover later I needed because the child "does not
have derivative status". What is the best thing to do now?

1- Send it to CSC with an explanation and hope the child's I-130 is
placed in the mother's file ? What explanation should I put?

2- Wait for the RFE? How would they know I wanted the Child except
that the Child is listed on the Mother's I-130, section C line
17(b)?

3- The original application is very complete except for this matter,
is there anything else that I would need to include for the child?
ANYTHING...? 325a, I-485?

4- Should I duplicate the entire package for myself, wife and child
then resubmit?

5- My current processing date is December 31, 2006 (not yet reached)
as posted on the USCIS website.

Help me choose the best method to solve this problem.

Rete

Your situation comes up all the time with others who are filing I-130's for spouses and neglect to file for the children at the same time. Part of the reason is that in the past people opted for the K visa for which an I-130 was not required for the children and they could coat tail on the parent's K-3 visa as a K-4. Since I-130s are faster than the K these days, the board is seeing more and more people who forget to send the I-130 for a child.

Send it off asap. If you can get it postmarked today you will be able to avoid the increase in the fees. You include everything with the child's I-130 that you included with the Mom's.

Good luck to you.

Elvira

Just file a separate petition, and make sure it gets there before the child turns 18.

AFAIK it's a completely separate petition and has nothing to do with what you filed for your wife, so treat it as such, i.e. make sure it is complete and includes all the required documents.

Rete

Another thought. If you have the I-130 NOA from the mom, include that with the child's petition.

Squentna

I'm the original poster:

Thank goodness they have seen this before! That's exactly what
happened, we applied before on K129F and were approved.(2003 and
failed to get married - kid didn't want to come!). I was very
familiar with that package and 'assumed' it was the same way with the
I-130.

I have two suggestions that appear to differ considerably. More help
is needed. We need experts here..

1- send the I-130 only? (if any one has seen this work I'll do
it.)
2- submit an entire new package for the kid? - Including the marriage
certificate to the mother?

post office closes in 2 hours.

more money than time, I can do both suggestions.
I work for SSA and our rules are much simpler, and I don't get this
confused at work! Thanks David :-)

Elvira

I'm not sure where you are looking - Rete and I said the same thing: file a complete new package for the child.

Rete also suggested including a copy of the I-130 NOA from the mother, which I think is a good idea.

Squentna

Original poster returns:

Forget the above, both suggestions from the Rete and Elvira are
actually the same:
Submit the entire package again. It looks like I missed the fee
increase deadline which isn't as serious as the hassel of obtaining
all the original materials.

Questions:
With the marriage certificate with the mother would an original (from
country of origin) be needed or would a copy be sufficient, since they
already have an original?

Thanks again!

Rete

Go with #2 and include a copy of the I-130 NOA for your wife. I have seen this many times before and while they am not match it with the wife's it is the way to go

Squentna

OK thanks Elvira and Rete: You have been more than helpful.
I'll take door number two and hope they can match it up OK.
Now for the paper chase, phone calls, emails, copying, begging and
pleading.
Isn't immigration fun!
-david

Elvira

Eh?

All you have to do is fill in the I-130 and basically photocopy the bumpf you included with your wife's petition.

(Does an I-130 need photos?)

Seal it in an envelope and take it to UPS or whatever.

Seems fairly straightforward...

Noorah101

USCIS shouldn't already have an original marriage certificate from you guys. Hopefully you didn't send them your one and only original. You should always send photocopies of evidence (original petitions, photocopies of evidence). But anyway, to answer your question, a photocopy of the marriage certificate will be good enough to send with the child's petition. And if you gave away your one and only original....get another original (certified copy, if that's what her country provides) and only send USCIS photocopies of it from now on.

Rene

Squentna

I'm happy I don't have to send in all new originals like I sent for
the Wife's I-130! I made photo copies of everything I sent so I'll
just send my copy of everything to them. A few things are unique to
the Step-child's application but it's a big help to not have to send
everything as originals.
And the most original item of all is FEE Increases!
Thanks everyone. david

Squentna

Again thanks to all. After reviewing everything, here's what I
found:

The application's for the I-130 require photos. The photo
requirements are "within 30 days of application" so pictures will need
to be redone.

The first G-325a for the child will need to have the child's original
signature so that needs to be done as a new document.

Then when I look at the Mothers I-130 it shows Line D-1 1.
"If separate petitions are also being submitted for other
relatives, give names of each and relationship."
I had put none without thinking, so that needs to be modified on the
mother's I-130 and added for the child.

I did send all originals to the BCIS with the mother, all of which can
be reproduced.

The benificiaries are in Chile - a previously user friendly country.
I'll have the wife call the Embassy and see about DCF. They were
approved in 2003 for K 129F so the Embassy is familiar with them.
Perhaps we can make faster progress at the embassy? Is/has anyone
made DCF since BCIS lifted the freeze?

Isn't immigration FUN? -David

Noorah101

You won't be able to modify the mother's petition until she goes for her interview. At that time she can explain whey you wrote "none" on her application...if they ask.

Just a word of advice, in the future, never send originals to USCIS. Petitions and forms should be originals, with original signatures, yes. Any backup documents (birth certificates, marriage certficiates, divorce decrees, etc) should be photocopies.

It seems the current requirement for DCF around the globe is that the USC must have been residing in that country for 6+ months before submitting an I-130 directly to the US Embassy there. A prior approval for a K1 visa will have no bearing on the current petition...it won't make your case go faster, and it won't help them make a decision on your current case. The staff at embassys also rotate frequently, so it's highly likely that the staff that worked on the K-1 petition in 2003 isnt' the same staff that's there today.

Best Wishes,
Rene

chiguedna

I have done three stepchild petitions. One has been here for 2 years and the other two are at the nvc stage. You do not need pictures or a G-325a.
The instructions are very clear in question 7 paragraph H in the instructions to the I-130. It is an entirely seperate petition from the mother, and it doesn't matter if you file along with hers or 2 years later. However, if they are filed together (or received at the service center around the same time) they will make an effort to proccess them at the same time and you can save seperate I-164 processing fees on the petitions of family members and just pay one fee. That is about the only benifits. So just file a petiions for the stepchild with the documents asked for, usually the marriage cert, childs birth cert and your proof of citizenship, and any prior divorce decrees. Adding the noa for the mothers i-130 is a good idea, maybe they will try to process them together which would help a lot it they plan on coming at the same time. Good luck.