I-130 and I-486 for children?

[Ruben_007]

My sister is a Russian citizen living in the United States. She has recently married an US citizen who is willing to fill I-130 petition for her. My sister is going to fill I-485 concurrently. And I am trying to help them with the paperwork.

The problem is that my sister has 2 kids (12 and 14 years old) living in Russia. Her husband and she want the kids to join them in US.

I know the process for my sister: I-130, I-145, medical test, and other relevant documents should be filled for her and sent to Chicago to adjust status. But I am not sure about the processing for her children.

So, I have several questions:

1. Should her husband fill three I-130 petitions (for his wife and for each of kids) or he should fill I-130 only for her.

2. If yes, should my sister to fill concurrently three I-485 applications (for her and for each of the kids)?

3. If no, how the kids will adjust their status (I heart something about a consular processing but don't know how it works).

4. Should the kids take medical examination? When? Where?

Thank you. Any help and advice will be appreciated greatly.

[LucyMO]

2. If yes, should my sister to fill concurrently three I-485 applications (for her and for each of the kids)? she can't do that because the kids are NOT in the US. Kids cannot adjust their status, because they don't have one in the US.

They will do consular processing. Yes, they will do medicals in a designated clinic. The list is on the US Embassy's website.

[Ruben_007]

Good point! Thank you

What about I-130 petitions for the kids? Should they be filled separately?

[TheRealCanadian]

What about I-130 petitions for the kids? Should they be filled separately?

Yes.

[LucyMO]

http://www.uscis.gov/files/form/I-130instr.pdf

[Ruben_007]

If the kids have to have I-130 filled for them in US, the petition should be sent to Chicago, right? Without their medical exam results?

[Ruben_007]

Another question: if they sent three I-130 petitions and one I-495 application, should they provide also with two I-824 forms, Applications for Action on an Approved Application or Petition?

[TheRealCanadian]

Another question: if they sent three I-130 petitions and one I-495 application, should they provide also with two I-824 forms, Applications for Action on an Approved Application or Petition?

Please read the I-130 instructions. An I-824 is not required - in the I-130 you will indicate that they will receive an immigrant visa abroad.

[Ruben_007]

I found it on I-485 instructions:

If the spouse or child is residing abroad, the person adjusting status in the United States should file the Form I-824, Application for Action on an Approved Application or Petition, concurrently with the principal's adjustment of status application to allow the derivatives to immigrate to the United States without delay if the principal's adjustment-of- status application is approved.

[TheRealCanadian]

I found it on I-485 instructions:

This refers to derivative beneficiaries - and in this situation the children ARE NOT derivative beneficiaries. Their stepfather will file an I-130 for them, and indicate that an immigrant visa be issues abroad. No I-824 required.

[Ruben_007]

Oh, I see. Thank you. It may work in case of employment-based AOS (for example through I-140). Am I right?

[Triple Citizen]

Yes.

Oh, I see. Thank you. It may work in case of employment-based AOS (for example through I-140). Am I right?

[TheRealCanadian]

Oh, I see. Thank you. It may work in case of employment-based AOS (for example through I-140). Am I right?

For any category other than Immediate Relative, there are derivative beneficiaries. You would file the I-824 in the case where the primary applicant is adjusting status, and the derivatives receive an immigrant visa at the consulate (Follow to Join).

[Ruben_007]

As far I understand in our case my sister and her husband should fill three I-130 petitions and one I-485 petition, together with other relevant documents.

If I am right, here is another question:

Should all these documents be sent in one envelope or in three different envelopes?

If they should be sent separately, should my sister's husband fill three affidavits of support for each I-130 case?

Thank you for your help.

[LucyMO]

I-864 is not required for I-130 at this point. Did you read the instructions???????????