Do I have to file I-864 together with I-130 if I want to petition for my step daughter? 8 Answers as of March 18, 2013

I want to file I- 130 for my step daughter who’s under 18 and lives outside the United States. My question is, do I have to file form I -864 with the I - 130? Also, is she required to file adjustment of status I -485 after her arrival to the United States? I understand that we put the city and the country name on the I -130 and send it to the lockbox and the United States Citizenship and immigration Services will notify the local embassy, is that correct?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
No, your daughter cannot file an I-485, for she is outside the country. She files, with the approved I-130, a DS-230 application for legal residency with the National Visa Center of the State Department, which will forward it over to the U.S. embassy or consulate nearest her. There she must have her medical exam and her interview.
Answer Applies to: California
Replied: 3/18/2013
SwagatUSA, LLC
SwagatUSA, LLC | Dhenu Savla
No, you file the I-864 with the national visa center after her I-130 is already approved. If she processes through the consulate, she will not need an adjustment of status.
Answer Applies to: Illinois
Replied: 3/12/2013
Law Office of Adebola Asekun | Adebola O. Asekun
You should not have to file the Form I-864 when you are filing the Form I-130 petition since the beneficiary is outside the US. However, when CIS approves the I-130 , your next step is to file immigrant visa applications with the NVC. At that time, as the petitioner, you will include the I-864 with the immigrant visa package that is sent to the Embassy by the NVC.
Answer Applies to: New York
Replied: 3/11/2013
Law Office of Rebecca White
Law Office of Rebecca White | Rebecca White
The I-130 is filed first. If she is out of the country, the I-864 will be processed through the National Visa Center. She will then enter as a green card holder, and will not need to file the I-485.
Answer Applies to: Washington
Replied: 3/8/2013
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If she is overseas, you only file the I-130 and supporting documentation. Once it is approved, it will be forwarded for consular processing in her country of residence and if everything is approved, she will be issued an immigrant visa to enter the US, whereupon she will be a permanent resident. She will not need to do adjustment of status. This is done for a foreign national who is already in the US and for whom an immediate relative petition I-130 is being filed.
Answer Applies to: California
Replied: 3/8/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You do not file the I-864 now. You will need to file it later. Your step-daughter will not seek adjustment of status. She will enter the U.S. with an immigrant visa and be a lawful permanent resident upon entry.
    Answer Applies to: New York
    Replied: 3/7/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    No. Just file the I-130 now. She will do consulate processing. I-485 is not required.
    Answer Applies to: Michigan
    Replied: 3/7/2013
    Law Office of Eric Fisher | Eric Fisher
    You do not have to file the I-864 with the I-130, but you will need to prepare it for the NVC after the I-130 is approved.
    Answer Applies to: Colorado
    Replied: 3/7/2013
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