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  1. #1
    Join Date
    Jun 2011
    Location
    Savusavu, Fiji Islands
    Posts
    2

    Question Adding Sons on to an I-130 Application

    Hi there,

    11 years ago my first Wife and I lodged an I-130 application with USCIS, included on this application were our 2 Sons. However in 2005 my wife and I separated and eventually were divorced. I have since remarried with 1 Son to my second Wife.

    Last Year, after long and at times heated discussions with my first Wife I removed my 2 Sons (She has Primary Custody of both Sons with reasonable access granted to me) from our application and added my second Wife and my Son from my current marriage. I have been recently advised by my first Wife that She will allow both of our Sons to come with us to the U.S if our application is successful.

    What would be the requirements of the USCIS in facilitating the addition of our 2 Sons to my immigrant visa application?

    Would a letter from my first Wife signed and witnessed by a Commissioner of Oaths, granting me both Physical and Legal custody of my 2 Sons suffice?

    I kindly request a response to above enquiry and any other advice that may aid us in ensuring that our application fully satisfies the U.S Citizenship and Immigration Services requirements.

    My appreciation in advance for any assistance and advice that may be offered.

    Kind regards,

    Andrew

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Adding Sons on to an I-130 Application

    Didn't your spouse already identify your children (her stepchildren) under Sec. C, Question 17? ("List husband/wife and all children of your relative")?

  3. #3
    Join Date
    Jun 2011
    Location
    Savusavu, Fiji Islands
    Posts
    2

    Default Re: Adding Sons on to an I-130 Application

    Hi Mr. Knowitall,

    Thanks for replying to my query.

    Initially they were on the application, but after the divorce, I had to take my 2 Sons of the application because the Courts awarded my ex-wife Custody. I could add them back on when I fill out the DS-0230 Form (APPLICATION FOR IMMIGRANT VISA AND ALIEN REGISTRATION), but wouldn't the U.S. Department of State require some form of documented proof that my ex-wife is willingly and legally releasing my 2 Sons into my custody for the purpose of migrating to the U.S?

    I'm not sure as to the requirements in such a case, and I really want to get things done correctly. It's being 11 years already and I want to ensure that I provide the USCIS with the correct information to avoid any further delays in processing our application.

    Thanks again in advance for any assistance that You or anyone else can offer me.

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