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Form I-130 Part C. Information about your alien relative (continued) 17. List husband/wife and children of your relative

Ellenwood, GA |

What should I put down for above question? I overstayed my H-1B visa and marries to my wife who is a USC. She has two children from previous relationship (not married). Should I put down my wife's info and her 2 children on Form I-130 Part C. 17. Thank you

Attorney Answers 2

Posted

If your U.S. Citizen wife will be completing the Form I-130, then she will need to identify in this part of the form you and your children, but not her own biological children from another relationship. Her children may, however, be needed to be included in the computation of household size for purposes of the required Affidavit of Support.

Many details about the immigration-related forms, as well as the process itself, can be more complex than they may appear at first. Some errors may be relatively easy to fix, but others can cause long delays and even denials and other harsh consequences. It would be wise to work with an immigration attorney for the application process.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway, Poorak & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

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Posted

1. It is your spouse who needs to complete the I-130.
2. She needs to answer exactly what the question requests.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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