Questions about filing for spouse and stepchildren

[TNguy78]

Hello,

I have a question about filing for a spouse and kids.

When married to a US citizen, the US citizen can file for PR for the alien spouse and for the alien spouses kids. Now, assume that all people are present in the US.

1 – For the spouse, we file:
I-130 Petition ($355.00)
G-325a BIO for US citizen (no Fee)
G-325a BIO for Alien Spouse (no Fee)
I-485 AOS ($930.00 + $80.00)
I-765 – EAD (no Fee, if filed with I-485)
I-131 – AP (no Fee, if filed with I-485)
I-864 – Affidavit of Support (no Fee)
I-693 – Medical (no Fee)

How about for the kids? Does the US spouse have to file a separate I-130 and I-485 for each stepchild (I understand that separate G-325a and I-693 will be required)? If there are two children under 14, I read that the I-485 can be $600 if filed with the main one for his/her parent. But, as soon as a child turns 14, it’s a $930+$80 fee. Is that correct?

What is the best way to file for the alien spouse and alien stepchildren in order to minimize the costs?

Thanks

[LucyMO]

yes, the children have to have I-130, I-485 and I-693 as well. There is no way to minimize USCIS costs (except for filing children's I-485 with one of the parents' I-485).

I-693 – Medical (no Fee) - the form itself doesn't have a fee (you don't have to print this form), but the medical exam costs money. Do call around and find the cheapest doctor. Get necessary vaccinations from your family doctor (may be covered by insurance) or from local health deparment.

[TNguy78]

Thanks Lucy.

I was afraid of that, but just thought I'd ask the question.

As for the Medical, I was going to write that there was no "USCIS Fee", but just wrote it as I did the others. But yes I realize that there are fees for the exam itself. And it was good that you clarified that in case anyone else had the same questions.

Another question - regarding the "conditional greencard" - is the 2 year conditional status based on if you've been married for 2 years at the time of filing or at the time of approval?

[TheRealCanadian]

Originally Posted by TNguy78

is the 2 year conditional status based on if you've been married for 2 years at the time of filing or at the time of approval?

Approval.

[TNguy78]

Originally Posted by TheRealCanadian

Approval.

Thanks.

Based on a different thread I just read... what's the difference between the I-485 and I-485 Supplimental and in what cases would you need the supplimental form?

[Triple Citizen]

The "I-485 Supplement A" form is used by those who are AOSing under section 245(i).

[TheRealCanadian]

Originally Posted by Triple Citizen

The "I-485 Supplement A" form is used by those who are AOSing under section 245(i).

Yup, and no one filing an Immediate Relative petition needs to use the I-485A.

[LucyMO]

that is, since you are a US citizen, your wife doesn't need the supplement.

DId she enter legally?

[TNguy78]

Originally Posted by LucyMO

that is, since you are a US citizen, your wife doesn't need the supplement.

DId she enter legally?

Actually, I'm the alien and my wife is the citizen. Yes, I entered legally and am still legal - so therefore no need for the supplemental. I reread the details on the supplemental form and realized that I didn't need it. I was just confused as to what the 245(i) section was all about, but now I know. Thanks.

Actually for me at least I don't have to worry about the income support for the I-864, as I have been in the US long enough to be able to file the I-864W for the support exception. I now have my 10 quarters for SS. I was wondering all the extra details for filing for my kids - if we can do it now. The issue will be with my ex - she won't give me the paperwork I need to file for my kids and if I did file for them right now, there's no guarantee that she will not take them out of the country and therefore have their petition considered abandoned. If they are on her F-1 visa as dependents, my guess is that does not allow the due intent for immigration, therefore they can't leave until they get their AP first. Which she would do, just for spite and cause me to loose all the money I used to file for them.

[LucyMO]

she won't give me the paperwork I need to file for my kids

what paperwork? you don't have certified copies of your kids' birth certificates, your marriage and divorce certificates? that's pretty much all that's needed. I am sure you could get certified copies from your government, not from your wife.

She can take them out of the country at any time, whether you filed their AOS applications, or not.

[TheRealCanadian]

Originally Posted by LucyMO

She can take them out of the country at any time, whether you filed their AOS applications, or not.

Depends on where she takes them to. Signatories to the Hague Convention won't let them into the country without a notarized letter from the other parent giving permission, and if she's in violation of a custody judgment she can be imprisoned.

[TNguy78]

Originally Posted by LucyMO

what paperwork? you don't have certified copies of your kids' birth certificates, your marriage and divorce certificates? that's pretty much all that's needed. I am sure you could get certified copies from your government, not from your wife.

She can take them out of the country at any time, whether you filed their AOS applications, or not.

She is not allowing me to get copies of the kids' passports and current I-94 cards (or whatever they have to show their legal presence - she's on F-1) and is making it VERY difficult to get them seen by a immigration civil surgeon as I live too far away to do it myself.

As for taking them out of the country - I know she can take them whether I file AOS or not - that's the issue! If I fill the I-130 and AOS and she takes them out of the country (prior to the AP), then it's considered abondoned and I just lost $1000-$1500 for each child.

In cases like this, if one parent decides to do everything in their power to screw things up, there's not a lot you can do about it.

Depends on where she takes them to. Signatories to the Hague Convention won't let them into the country without a notarized letter from the other parent giving permission, and if she's in violation of a custody judgment she can be imprisoned.

She's not prohibited from taking them out of the country, so there's no custody violation there - plus, Canada does not seem to care about custody issues and kids. I've never been asked about custody when I've travelled with them. Even though she is allowed to take them to Canada, I just don't want her to do it after I file the AOS and prior to the AP's coming back. And she told me flat out that she will do it!

[TheRealCanadian]

Originally Posted by TNguy78

plus, Canada does not seem to care about custody issues and kids. I've never been asked about custody when I've travelled with them.

Au contraire - my wife has been asked for the letter every time she has been traveling alone.

You may want to go back to the court and have custody arrangements temporarily modified to prevent them from being taken out of the United States prior to the issuance of AP by USCIS. If they are taken out of the US before this happens, a) it's a violation of the custody arrangement and b) they should be able to be paroled back to the US even without AP.

[TNguy78]

Au contraire - my wife has been asked for the letter every time she has been traveling alone.

That's funny becuase I have never been asked (close to 10 times I've travelled to Canada with them). Not sure about my ex - but I know she doesn't have a letter stating that she can take them across. Then again, there's nothing that says she can't either.

And even when we were married, I think there was only one time in 10 years when either one of us was travelling alone with the kids were we ever asked about it.

Yes - I agree that if I am able to go ahead and do their filing, then I need to have the current agreement changed to make it a violation if she does take them out of the country.

All in all... it's just a more complicated situation - not in terms of USCIS, just in terms of the person involved.

[LucyMO]

Originally Posted by TheRealCanadian

Depends on where she takes them to. Signatories to the Hague Convention won't let them into the country without a notarized letter from the other parent giving permission, and if she's in violation of a custody judgment she can be imprisoned.

Doesn't work like that in Russia. You can take the Russian citizens to Russia, but you may not be able take them out of Russia if they don't have a permission from the other parent. However, in most cases, the officers don't even ask for it.

[jahkissez]

Question: can a stepfather file for a child over 21?
My mother is married to a USC (I've posted about her case elsewhere on the forum) and he has submitted I-130 for my younger brother and sister, both under 21 at the time of the submission.
Am I too old? Not married, I'm self-employed, but I miss my mummy.
My brother and sister are still here, waiting on an update from the USCIS regarding incomplete information - almost 2 years since.

Any info appreciated.
Thanks.

[TheRealCanadian]

Originally Posted by jahkissez

Question: can a stepfather file for a child over 21?

No. Someone refresh my memory - is the cutoff for Immediate Relative children/stepchildren 18 or 21?

[PraetorianXI]

Originally Posted by TheRealCanadian

No. Someone refresh my memory - is the cutoff for Immediate Relative children/stepchildren 18 or 21?

18, i believe.

[LucyMO]

the marriage between the biological parent and a step-parent must have happened before the 18th birthday. And then the kid is considered the kid of a USC until 21.

[jahkissez]

I figured as much, worth a try.
But he can still file for my brother and sister, who were under 18 when they got married, independent of my mother's case?