USC - Bringing would-be spouse to the United States

ludhianvi

Registered Users (C)
Hello!

I am a US citizen (divorcee) who will be getting married to a divorcee girl from India in the next 2-4 months. She also has a 10-year old child, living with her, and has custody of him. I have read and it seems that it will be better to bring her here after getting married, in India, and then filing the paperwork.

Can someone see if what I have learned from online reading, is the right way to proceed:

1. Get married, and get marriage certificate.
2. File I-130 petition with required documentation, as mentioned on USCIS site (https://www.uscis.gov/family/family...e-in-the-united-states-as-permanent-residents).
3. Submit I-130A form along with I-130.
4. Once the petition is approved, the National Visa Center (NVC) assigns a case number and forwards paperwork to the U.S. embassy or consulate closest to where the foreign spouse lives.
5. File a green card application package with the NVC, including an online form (DS-260).
6. Wait, 12-15 months for the spouse to get the visa, hopefully, and come to USA.

Does the above seem about right? Anything else I need to do?

Couple of questions (in addition to the above process):

A. DS-260 form: Can I file this form or the spouse will need to file it?
B. Do I need to sponsor the step-child too or he automatically gets the GC based on her mom, since he is 10-years old?
C. If I need to file for step-child too, is it again I-130 form, and the above process (other than getting married part)?
D. For step-child, do my would-be spouse and I also need to get his biological father’s permission for me to sponsor him? Do we still need the permission if the biological father has no custody or visitation rights per divorce decree?
E. Is it true that form I-485 (adjustment of status) is NOT needed if I-1130 is filed?
F. Since she lives in India, we won't have any documentation to show joint property, etc, so to prove that ours is a bona fide marriage, we will submit affidavits from parents (both sides) and siblings (both sides), who will affirm having personal knowledge of the bona fides of the marital relationship. Can someone please PM me the wording for such affidavit, thanks.

Additional information: I have a stable job, and own a house in US.

Thank you,
-Ludhianvi
 

newacct

Well-Known Member
A. spouse will fill it
B. yes
C. yes, other than not needing I-130A
D. I am not sure
E. I-485 is not involved if they are immigrating via Consular Processing from outside the US
 

ludhianvi

Registered Users (C)
Thanks for the reply, and good to know that I-130A won't be needed for step-child. Also learned about I-485, thanks.

Does anyone have wording for the marriage affidavit?
 
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