janeth8711

Hi, my husband a US citizen is filing for me and his son and 2 step children to move to the states.
We know about the I-130 filing but don't understand if he has to file separate petitions for each person? Some say yes others say no.
We also believe our son can get his USA passport passed from his father? Would it be easier to apply for the passport or just do the I-130?

Thanks

Rete

Each person requires their own I-130. If your husband is able to pass on his US Citizenship to his son, then he needs a US Passport and not an I-130. He would not be eligible for a US Visa as he is a citizen.

So there will be three I-130's, one for you, and one for each step-child. Where is your husband living btw?

And FORGET THE K-3. It is an option that you need to consider being you are from the UK

rpjs

As Rete says forget the K-3, that visa was set up back when it was taking years to process spousal immigrant visas, and allowed the spouse to live in the US while waiting for the visa to be processed. As the immigrant visas now get done in less than a year, the K-3 is no longer processed and your I-130s will lead straight into immigrant visa processing instead.

jeffreyhy

See the 1st page of the I-130 instructions. There's no choice here, citizen-passport noncitizen-visa. See the Guide to Naturalization on the USCIS web site for the information that will allow you to determine if your husband's son derives US citizenship from him. Regards, JEff

Noorah101

Your thread title says K3 visa, but within your post you only ask questions about an Immigrant Visa.

Did you have a question about the K3 visa as well? As others have said, it's not a useful visa anymore, just stick with the Immigrant Visa process.

I'm debating whether to change your thread title, since it seems you don't actually have a K3 question.

Rene
Moderator

janeth8711

Thanks, when we went to Florida in July we saw an attorney and he told us the k3 was the way to do things.
Ok so we file for our sons passport and then fill 3 i-130 for the rest of us instead of then filing for the 129f after the I-130 is approved ?


We both live in the UK

jeffreyhy

It sounds like the attorney you saw is behind the times, or he's looking for reasons to charge a higher fee, or he's being ultra cautious at your expense.

The I-129f would be submitted either with the I-130 (IMO) or when the Receipt Notice for the I-130 is received. It's way too late to submit it after the I-130 is approved. But in any case, forget the I-129f. And maybe forget this particular attorney as well.

Regards, JEff

janeth8711

Ok so all we file for is the I-130?
The attorney we did see said it would cost us 7000$ plus fees for the visa hence why were doing this ourselves.
We came back to England and have just married on the 31st august as the attorney also told us we would have trouble receiving our visas if we married in the US, is this more rubbish ?

Thanks

jeffreyhy

Sounds to me like more rubbish, yes. It doesn't make any difference where you get married as long as you are married in accordance with the laws of where the marriage took place.

Regards, JEff

EDIT: Or perhaps there was a misunderstanding and the attorney was saying that there would be trouble if marrying in the USA and attempting to adjust status.

janeth8711

Yep looks like it, so do we just file the I-130 ? Or is there other forms to send?

S Folinsky

FWIW, there are many non-attorney people out there. Also, unfortunately, there are also what are called "G-28 attorneys" who are fronts for the non-attorneys.

S Folinsky

There is no additional fee for a K-3 petition. However, the K-3 petition cannot be filed until after the I-130 had been filed.

When the K-3 was first created, the INS [later CIS] had a separate fast track for K-3 petitions. If the I-130 approval reached the Department of State first, the K-3 petition was moot.

DHS figured out a way to eliminate the dueling visa petitions. When a K-3 is filed, it is now combined with the I-130 adjudication file to be adjudicated together. If the I-130 is denied, the K-3 is moot. If the I-130 is approved, the K-3 is moot. This now eliminates the need for the K-3 in 100% of the cases.

BTW, I know of one case where the K-3 came in handy recently, but that was a fairly unique situation.

Noorah101

janet,

Never mind the K-3. Just file an I-130 for each immigrant. Go to www.uscis.gov, Forms, and read the I-130 form and instructions. Yes, there are other things that need to be included.

Also, read the US Embassy in London website, you will have a bit of a different path if you are fiing the I-130 to the USCIS office in London (as opposed to the USA).

Rene

janeth8711

Thanks Noorah,
Ive been on the USCIS website and it says there processing visa from July 2011 so it's taking 2 months?
Thanks for the straight forward advice

meauxna

Hi everyone, it's really hard to stay out of the 'stick your nose in it' business, but if you want to help janet, I suggest you review her past threads.

The citizenship of the child needs to be worked out; this case is a bit more complicated than maybe janet realizes.

This may not be a DIY case. Or it may be.

Janet: It is NOT as straight forward as "file the I-130". You need to have a more comprehensive view of the entire project, in my opinion. You might benefit from reviewing your last thread, which had lots of good information in it.