Dskdrv

Spouse of USA citizen. Spouse living in USA and applying for adjustment of status
based on marriage to citizen. Stepchild living outside USA.

Forms which need to be completed for spouse include : I-485 I-130 Affidavit
of Support

Forms which need to be completed for the stepchild include : I-130 Affidavit
of Support

My question is does a form I-485 need to be completed for the stepchild also ?

Any information from people with knowledge or experience with a similiar situation
would be appreciated.

Thanks

Rete

For the alien spouse residing in the US you will file the I-130 Petition, I-864 Affidavit of Support and the I-485 Adjustment of Status. These will be filed at the local INS office for the area you live in. If she wants to work while here you will file the I-765 for an EAD and if she wants to travel outside of the US and retain her standing while waiting for the I-130 and I-485 to be adjudicated, she will need to file for advance parole on form I-131.

For the stepchild overseas you will file I-130 at the INS Service Center covering your jurisdiction. The I-130 after approval (up to a year or more after filing) will be sent to the US Consulate in their country and you will then need to submit another I-864 for the child. The child will also have to go for a medical and if over 16 years of age, a police clearance certificate.

Alvena Ferreira

Dskdrv wrote:
    > Spouse of USA citizen. Spouse living in USA and applying for adjustment of status
    > based on marriage to citizen. Stepchild living outside USA. Forms which need to be
    > completed for spouse include : I-485 I-130 Affidavit of Support Forms which need to
    > be completed for the stepchild include : I-130 Affidavit of Support My question is
    > does a form I-485 need to be completed for the stepchild also ?
    >
No, due to stepchild being outside the US. The child will receive a family-sponsored
I-130 visa, and will enter the US fully adjusted to permanent resident status. Alvena

Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================

Dskdrv

Thanks for the replys.

If filling form I-485 for the stepchild, what "evidence of status" is required ?

Child has never been in USA , so there is no I-94.

Perhaps the following would be required : Birth cert marriage cert of parent and
stepparent

Anything else ?

Thanks

Rete

As both Alvena and I stated:

You can't and don't file an I-485 for someone who is NOT in the US. Since the child is in another country, you can only file the I-130 for them at the Service Center level and continue the processing at the US Consulate in their country.

Rete

Andy Platt

There's no I-485 for the stepchild.

Andy.

--
I'm not really here - it's just your warped imagination. "Dskdrv" <[email protected]>
wrote in message news:[email protected]...
    > Thanks for the replys.
    >
    > If filling form I-485 for the stepchild, what "evidence of status" is
required
    > ?
    >
    > Child has never been in USA , so there is no I-94.
    >
    > Perhaps the following would be required : Birth cert marriage cert of parent and
    > stepparent
    >
    > Anything else ?
    >
    > Thanks

Shelley

The I-130/I-485 for your spouse were sent to the local INS office - correct? The
I-130 for the step-child not in the US was sent to the Service Center, not the local
office - correct? If you sent the I-130 by itself to the local office, it would be
returned, because they do not process the forms for persons not in the US. You need
to send it to the Service Center and wait until it is processed there before you will
need to complete the rest of the paperwork. Take Care. Shelley

"Dskdrv" <[email protected]> wrote in message
news:[email protected]...
    >
    > An I-130 and I-485 were filled in for the spouse. An I-130 was filled in for
    > the child.
    >
    > INS sent papers saying they want an I-485 for the child. The I-130 states
that
    > the child was never in the USA. I probably should have made this clear in
the
    > original question.
    >
    > I am confused. Is it possible the INS person doing the initial check of
the
    > papers made a mistake ? I have seen , here and elsewhere that they do
make
    > mistakes. Unfortunately, it is not easy to just phone them or go to the office.
    >
    > I was thinking of just sending them the I-485 for the child to move things along.
    > Maybe we should go to the office and wait in line for ever to see
what
    > they need.
    >
    > The I-130 has details on the child. The child's birth cert , parent's
marriage
    > cert to US citizen and other supporting documentation was supplied with
the
    > original application.
    >
    > The advise I received when doing forms originally was that the I-485 was
not
    > needed for the child. This is what is being said in the replys
    >
    > Problem is INS sent papers back !!
    >
    > Thanks

Andy Platt

That's the problem. The I-130 for the stepchild needs to go to the service center.

Andy.

--
I'm not really here - it's just your warped imagination. "Dskdrv" <[email protected]>
wrote in message news:[email protected]...
    > All the forms were sent together to the local office.

Mrs_blackross

because they figured if you sent it to the local office, the child is in the US, and
therefore needs an I-485.

never underestimate the stupidity of the INS.

"Dskdrv" <[email protected]> wrote in message
news:[email protected]...
    > Thanks for the reply Andy.
    >
    > Not trying to be difficult, but , if the child's I-130 should have gone to
the
    > service center, why did INS not say something like that. Instead they are asking
    > for an I-485 for the child.
    >
    > All input is appreciated - just trying to work out this bureacratic
nightmare
    > !

Andy Platt

A lot of the initial processing is nothing more than "form counting". They see the
I-130, they don't see the I-485 and they don't go and look why they don't see the
I-485. You could see if they will forward it to the service center. Otherwise you
might have lost the application fee

Andy.

--
I'm not really here - it's just your warped imagination. "Dskdrv" <[email protected]>
wrote in message news:[email protected]...
    > Form I-130 has question "has your relative ever been to the US"
    >
    > The answer for the child's I-130 was 'no'.
    >
    > INS is being clearly told on their own form that the child has never been
in
    > the US.
    >
    > Seems they don't even bother to read the forms.
    >
    > Problem is sending them the I-485 for the child may be incorrect - causing
more
    > problems.
    >
    > What about sending only the forms for the spouse and work on the stepchild later ?
    >
    >

Andy Platt

"Dskdrv" <[email protected]> wrote in message
news:[email protected]...
    > Thinking of sending the I-485 and I-130 for the spouse back to the
district
    > office. Including a note replying to the, request for additional
information,
    > saying that the I-130 for the child will not be sent to that office.
    >
    > Then send the I-130 for the child to the 'service center'.

That sounds right.

    > Question - The spouse and child's I-130 were stamped as received by the district
    > office. If the child's I-130 is sent to the service center with
that
    > stamp , would that cause more problems ? Shoud we just get a new I_130
for
    > the child ?

Yes, I would send in a new one.

Andy.

--
I'm not really here - it's just your warped imagination.