Submitting I-130 for wife's daughter not declared in her paperwork
Mar 26th 2001, 7:25 pm
#1
Guest
Posts: n/a
I have recently gotten a copy of my wife's daughter's birth certificate (no father
shown) and I'm concerned about what might result in filing i130 for her alien
relative because the child was unknown to me at the time of filing her paperwork and
undeclared by her because of her fears about my reaction to the news. I'm concerned
that it might affect her status (conditional resident). Should these facts be
mentioned at all or should I simply file the i130 and be done with it. Additionally,
it appears that the only thing required with the i130 form is the baby's birth
certificate and the mother's greencard. I find it hard to believe after processing my
wife that they don't want another affidavit of support, bank letter, employer letter
etc. Can someone help me iron out the kinks. Can we expect to get the child here
anytime soon?
shown) and I'm concerned about what might result in filing i130 for her alien
relative because the child was unknown to me at the time of filing her paperwork and
undeclared by her because of her fears about my reaction to the news. I'm concerned
that it might affect her status (conditional resident). Should these facts be
mentioned at all or should I simply file the i130 and be done with it. Additionally,
it appears that the only thing required with the i130 form is the baby's birth
certificate and the mother's greencard. I find it hard to believe after processing my
wife that they don't want another affidavit of support, bank letter, employer letter
etc. Can someone help me iron out the kinks. Can we expect to get the child here
anytime soon?
Mar 26th 2001, 9:58 pm
#2
Guest
Posts: n/a
Joel wrote:
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If the daughter was over the age of 18 when you and her mother got married, your wife
should file the I-130. The daughter will then be classified in the category Family 2A
(if the daughter is under 21) or Family 2B (if the daughter is over 21).
If the daughter was under the age of 18 when you and her mother got married,
then the daughter meets the definition of your "child" as a step-child (see
http://www.ins.usdoj.gov/graphics/howdoi/child.htm), and **you** should file
the I-130. That way, if the daughter is still under 21, she can be classified
as an immediate relative (no wait for the quota), and if she is over 21, she
can be classified as Family 1 (if unmarried). The waiting period is about two
years for Family 1.
The current waiting times for the quota are about 5 and one half years for Family 2A,
and 8 and one half years for Family 2B.
You should probably consult with a good immigration attorney about the problems you
have mentioned. I would be inclined to submit the I-130 telling the absolute truth,
with no volunteered explanations of possible misstatements on separate petitions or
applications previously submitted to INS.
Sometimes people do not include children on Form I-130 because they do not actually
understand that the child is supposed to be mentioned regardless of whether it is
planned that the child immigrate with the parent, or not.
Additionally, it appears that the only thing
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Or, proof of your U.S. citizenship, if you are the petitioner.
I find it hard to believe after processing my wife that
>
No, they do not want these things at this time. If the child is abroad, this is all
required later for consular immigration visa processing. INS does not want it with
the I-130.
Can someone help me iron out the kinks. Can we expect to get the
>
It depends on a lot of stuff. You should really sit down with an attorney about the
specifics of your case.
>
>
>
>
>
>
If the daughter was over the age of 18 when you and her mother got married, your wife
should file the I-130. The daughter will then be classified in the category Family 2A
(if the daughter is under 21) or Family 2B (if the daughter is over 21).
If the daughter was under the age of 18 when you and her mother got married,
then the daughter meets the definition of your "child" as a step-child (see
http://www.ins.usdoj.gov/graphics/howdoi/child.htm), and **you** should file
the I-130. That way, if the daughter is still under 21, she can be classified
as an immediate relative (no wait for the quota), and if she is over 21, she
can be classified as Family 1 (if unmarried). The waiting period is about two
years for Family 1.
The current waiting times for the quota are about 5 and one half years for Family 2A,
and 8 and one half years for Family 2B.
You should probably consult with a good immigration attorney about the problems you
have mentioned. I would be inclined to submit the I-130 telling the absolute truth,
with no volunteered explanations of possible misstatements on separate petitions or
applications previously submitted to INS.
Sometimes people do not include children on Form I-130 because they do not actually
understand that the child is supposed to be mentioned regardless of whether it is
planned that the child immigrate with the parent, or not.
Additionally, it appears that the only thing
>
>
Or, proof of your U.S. citizenship, if you are the petitioner.
I find it hard to believe after processing my wife that
>
No, they do not want these things at this time. If the child is abroad, this is all
required later for consular immigration visa processing. INS does not want it with
the I-130.
Can someone help me iron out the kinks. Can we expect to get the
>
It depends on a lot of stuff. You should really sit down with an attorney about the
specifics of your case.
Mar 27th 2001, 1:55 pm
#3
Guest
Posts: n/a
Her child was an infant when she came here reluctantly and now is about 2 years old,
we are very concerned about her level of care and processing on the Philippine end.
Does the young age of the child bear any on time structures? Under 18 seems to be a
cutting off point.
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[usenetquote2]> > I have recently gotten a copy of my wife's daughter's birth certificate[/usenetquote2]
(no
[usenetquote2]> > father shown) and I'm concerned about what might result in filing i130[/usenetquote2]
for
[usenetquote2]> > her alien relative because the child was unknown to me at the time of[/usenetquote2]
filing
[usenetquote2]> > her paperwork and undeclared by her because of her fears about my[/usenetquote2]
reaction
[usenetquote2]> > to the news. I'm concerned that it might affect her status (conditional[/usenetquote2]
[usenetquote2]> > resident). Should these facts be mentioned at all or should I simply[/usenetquote2]
file
[usenetquote2]> > the i130 and be done with it.[/usenetquote2]
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[usenetquote2]> > required with the i130 form is the baby's birth certificate and the mother's[/usenetquote2]
[usenetquote2]> > greencard.[/usenetquote2]
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[usenetquote2]> > they don't want another affidavit of support, bank letter, employer[/usenetquote2]
letter
[usenetquote2]> > etc.[/usenetquote2]
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[usenetquote2]> > child here anytime soon?[/usenetquote2]
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we are very concerned about her level of care and processing on the Philippine end.
Does the young age of the child bear any on time structures? Under 18 seems to be a
cutting off point.
>
>
[usenetquote2]> > I have recently gotten a copy of my wife's daughter's birth certificate[/usenetquote2]
(no
[usenetquote2]> > father shown) and I'm concerned about what might result in filing i130[/usenetquote2]
for
[usenetquote2]> > her alien relative because the child was unknown to me at the time of[/usenetquote2]
filing
[usenetquote2]> > her paperwork and undeclared by her because of her fears about my[/usenetquote2]
reaction
[usenetquote2]> > to the news. I'm concerned that it might affect her status (conditional[/usenetquote2]
[usenetquote2]> > resident). Should these facts be mentioned at all or should I simply[/usenetquote2]
file
[usenetquote2]> > the i130 and be done with it.[/usenetquote2]
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[usenetquote2]> > required with the i130 form is the baby's birth certificate and the mother's[/usenetquote2]
[usenetquote2]> > greencard.[/usenetquote2]
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[usenetquote2]> > they don't want another affidavit of support, bank letter, employer[/usenetquote2]
letter
[usenetquote2]> > etc.[/usenetquote2]
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[usenetquote2]> > child here anytime soon?[/usenetquote2]
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Mar 27th 2001, 6:17 pm
#4
Guest
Posts: n/a
If you are very concerned about the child's level of care, you should sit down with a
good immigration attorney immediately, preferably someone with experience in consular
immigrant visa processing in Manila.
You, Joel, should file Form I-130 immediately on behalf of the child. You qualify to
do this because she meets the definition of "child." After you get the I-130 receipt
notice, you should try to enlist the help of your Congressperson in having INS
expedite the approval of the I-130. Immediate relative, even minor child, I-130s are
taking an outrageous period of time (up to a year) at some of the INS Service
Centers. The INS California Service Center, with usually lousy processing times, is
actually the best of the Service Centers now for I-130 I.R. Minor Child petitions.
See http://www.shusterman.com/toc-sc.html.
You might even consider applying for humanitarian parole (see
http://www.ins.gov/graphics/services/humanparole/) if the processing time will be
very long, and the child is actually in some danger. You will probably need the help
of an experienced immigration practitioner for this. The child's young age may be a
factor in getting expedited processing of the I-130 or humanitarian parole.
Joel wrote:
>
>
>
>
>
[usenetquote2]> > Joel wrote:[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > I have recently gotten a copy of my wife's daughter's birth certificate (no[/usenetquote2]
[usenetquote2]> > > father shown) and I'm concerned about what might result in filing i130 for her[/usenetquote2]
[usenetquote2]> > > alien relative because the child was unknown to me at the time of filing her[/usenetquote2]
[usenetquote2]> > > paperwork and undeclared by her because of her fears about my reaction to the[/usenetquote2]
[usenetquote2]> > > news. I'm concerned that it might affect her status (conditional resident).[/usenetquote2]
[usenetquote2]> > > Should these facts be mentioned at all or should I simply file the i130 and be[/usenetquote2]
[usenetquote2]> > > done with it.[/usenetquote2]
[usenetquote2]> > If the daughter was under the age of 18 when you and her mother got married, then[/usenetquote2]
[usenetquote2]> > the daughter meets the definition of your "child" as a step-child (see[/usenetquote2]
[usenetquote2]> > http://www.ins.usdoj.gov/graphics/howdoi/child.htm), and **you** should file the[/usenetquote2]
[usenetquote2]> > I-130. That way, if the daughter is still under 21, she can be classified as an[/usenetquote2]
[usenetquote2]> > immediate relative (no wait for the quota), and if she is over 21, she can be[/usenetquote2]
[usenetquote2]> > classified as Family 1 (if unmarried). The waiting period is about two years for[/usenetquote2]
[usenetquote2]> > Family 1.[/usenetquote2]
good immigration attorney immediately, preferably someone with experience in consular
immigrant visa processing in Manila.
You, Joel, should file Form I-130 immediately on behalf of the child. You qualify to
do this because she meets the definition of "child." After you get the I-130 receipt
notice, you should try to enlist the help of your Congressperson in having INS
expedite the approval of the I-130. Immediate relative, even minor child, I-130s are
taking an outrageous period of time (up to a year) at some of the INS Service
Centers. The INS California Service Center, with usually lousy processing times, is
actually the best of the Service Centers now for I-130 I.R. Minor Child petitions.
See http://www.shusterman.com/toc-sc.html.
You might even consider applying for humanitarian parole (see
http://www.ins.gov/graphics/services/humanparole/) if the processing time will be
very long, and the child is actually in some danger. You will probably need the help
of an experienced immigration practitioner for this. The child's young age may be a
factor in getting expedited processing of the I-130 or humanitarian parole.
Joel wrote:
>
>
>
>
>
[usenetquote2]> > Joel wrote:[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > > I have recently gotten a copy of my wife's daughter's birth certificate (no[/usenetquote2]
[usenetquote2]> > > father shown) and I'm concerned about what might result in filing i130 for her[/usenetquote2]
[usenetquote2]> > > alien relative because the child was unknown to me at the time of filing her[/usenetquote2]
[usenetquote2]> > > paperwork and undeclared by her because of her fears about my reaction to the[/usenetquote2]
[usenetquote2]> > > news. I'm concerned that it might affect her status (conditional resident).[/usenetquote2]
[usenetquote2]> > > Should these facts be mentioned at all or should I simply file the i130 and be[/usenetquote2]
[usenetquote2]> > > done with it.[/usenetquote2]
[usenetquote2]> > If the daughter was under the age of 18 when you and her mother got married, then[/usenetquote2]
[usenetquote2]> > the daughter meets the definition of your "child" as a step-child (see[/usenetquote2]
[usenetquote2]> > http://www.ins.usdoj.gov/graphics/howdoi/child.htm), and **you** should file the[/usenetquote2]
[usenetquote2]> > I-130. That way, if the daughter is still under 21, she can be classified as an[/usenetquote2]
[usenetquote2]> > immediate relative (no wait for the quota), and if she is over 21, she can be[/usenetquote2]
[usenetquote2]> > classified as Family 1 (if unmarried). The waiting period is about two years for[/usenetquote2]
[usenetquote2]> > Family 1.[/usenetquote2]
