Hi Folks,

I need some advice regarding immigration petition processing for my wife and daughter. Here is a brief case status:

I became a US Citizen on October 20, 2006. I had filed an immigration petition for my wife in July 2004 when I was a PR. After becoming citizen, I applied to upgrade the status of my wife’s case from spouse of PR to spouse of USC and it escalated the immigration process for my wife. However, what it did not do was to give my daughter a derivative visa status based on my wife’s immigration petition. Therefore, I had to file a separate immigration petition for my daughter who was born in July 2006. I have not received an approval for my daughter’s case from USCIS and am not sure how long it will take.

Now the challenge is that based on how my wife’s case is being processed, she may be able to get an immigrant visa by Mar-Apr 2007; however, my daughter’s case may still be pending. At that time it would be impossible for my wife to travel based on her immigrant visa as we can’t leave our daughter behind.

I have been thinking of applying for I-129F simultaneously with immigration petition and bring both of them to US based on K-3 visa but have no idea how well it will work.


UPDATE

I spoke with an Immigration Officer today by calling USCIS customer service number. The officer told me this:

1) I do not need to include my daughter in any correspondence with NVC.
2) When NVC forwards my wife's IR1 case to US Embassy in Pakistan, and the embassy sends documents for my wife to fill out, we should include my daughter's I-130 NOA1 and my daughter's birth certificate with other documents.
3) At the time of issuing visa to my wife, the US embassy will also issue visa to my daughter.
4) I do not need to file for I129F for my wife and daughter.

So far, I do not know any one who have been through this process and I will really appreciate if you guys can share your experiences with me.

Thanks,

Sufi


Our Time lines

My timeline
Got GC July 7, 2001
Became Citizen Oct 20, 2006

Spouse timeline
Applied to sponsor wife : July 9, 2004 (Based on GC)
Approval notice received : August 7, 2004
Status Changed with NVC : Nov 8, 2006 (After Citizenship)
Paid Affidavit of Support Bill : Nov 14, 2006
Submitted Affidavit of Support and documents: Dec 04, 2006
US Embassy : Pakistan

Child timeline
Applied for Child (I-130) : Oct 22, 2006
Notice of Action (I-797C) Received : Oct 31, 2006
Approval notice received : Still waiting

I was told the same stuff you were told under your UPDATE notice. Your baby girl would be issued a visa. Just show the notice of action receipt bla bla bla. That was six months ago. FOrtunately, all two cases are completed but no appointment date yet. So, I guess it's the same thing they tell everyone. Good Luck!

Just to give you guys a quick update, my daughter's case got approved today. I requested USCIS to consider processing the case under expedited service and they responded within 3 days with approval.

In case anyone needs information about expedited service, I sent a fax to USCIS explaining the situation exactly the way I posted here and attached my daughter's birth certificate and the status of my wife's case with NVC. I am glad that they considered that it qualifies for expedited service and approved it. The fax number for expedited services is 802-527-4816. Generally they make a decision within 3 days on any requests.

Thanks all of you who posted your feedback and hope this information can help someone else as well.

Sufi