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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

donchelle
[/size]please help ...

my u.s. citizen husband has filed I-130 & I-129F for me. he inquired before about my child's (yes, now his step-child) status and he gathered that he need not file a separate petition and my child will be automatically be granted the same as my visa.

now my papers are with the nvc and i want to make sure i can bring my child at the same time if and when i get to the u.s.

what shall we do?[size="4"]
WWW
your husband need to file separate I-130 for your child. File I-130 and as soon as your husband get NOA1 call NVC to explain the situation and put on hold your NVC case untill I-130 will be aproved.
Haole
All depends on what visa you are planning on going with. If it's the K3 you can file the I-130 later for the child. They will need it when you/they adjust status.
If you are planning doing the CR-1 the it would be best to get the 2 visa applications together.
pushbrk
QUOTE(donchelle @ Sep 30 2007, 09:37 AM) *
[/size]please help ...

my u.s. citizen husband has filed I-130 & I-129F for me. he inquired before about my child's (yes, now his step-child) status and he gathered that he need not file a separate petition and my child will be automatically be granted the same as my visa.

now my papers are with the nvc and i want to make sure i can bring my child at the same time if and when i get to the u.s.

what shall we do?[size="4"]


The answer depends on which petition is at NVC. If it's the I-129F, then you are pursuing the K3 visa. Provided the Consulate knows about your child, then arrangements can be made for them to accompany you with a K4 visa.

At some point, however, your child will need an approved I-130 petition of their own. This can be filed any time up to the same time you file to adjust the child's status.

If it is your I-130 that is at NVC, no, your child will not be awarded any visa based on your I-130. They need their own.
donchelle
thank you all for your replies. i have been going on this site since we filed our papers but never posted any until now. i feel i belong to a community where patience is our virtue.

it's the I-130 which was approved and now is with nvc. we just received the other day the aos bill and the choice of agent form. i don't know what ever happened to our I-129F application.

is there any way my child's papers in the uscis be expedited? mine took 3 months there before it was approved and moved to the nvc. i don't want to live without my child since she is only 3-years-old.

i am very frustrated.
pushbrk
QUOTE(donchelle @ Sep 30 2007, 11:28 PM) *
thank you all for your replies. i have been going on this site since we filed our papers but never posted any until now. i feel i belong to a community where patience is our virtue.

it's the I-130 which was approved and now is with nvc. we just received the other day the aos bill and the choice of agent form. i don't know what ever happened to our I-129F application.

is there any way my child's papers in the uscis be expedited? mine took 3 months there before it was approved and moved to the nvc. i don't want to live without my child since she is only 3-years-old.

i am very frustrated.


A child's immigration process can be expedited if they are about to age out but this doesn't apply to you. You'll need to take the I-129F K3 path or hold back on your I-130 until your child's I-130 catches up.

Find out the status of your I-129F.
donchelle
QUOTE(pushbrk @ Oct 1 2007, 11:18 PM) *
QUOTE(donchelle @ Sep 30 2007, 11:28 PM) *
thank you all for your replies. i have been going on this site since we filed our papers but never posted any until now. i feel i belong to a community where patience is our virtue.

it's the I-130 which was approved and now is with nvc. we just received the other day the aos bill and the choice of agent form. i don't know what ever happened to our I-129F application.

is there any way my child's papers in the uscis be expedited? mine took 3 months there before it was approved and moved to the nvc. i don't want to live without my child since she is only 3-years-old.

i am very frustrated.


A child's immigration process can be expedited if they are about to age out but this doesn't apply to you. You'll need to take the I-129F K3 path or hold back on your I-130 until your child's I-130 catches up.

Find out the status of your I-129F.


Hi pushbrk

I check the status of my I129F and it's still stuck somewhere. I feel it ain't moving at all. I think something is wrong. My husband sent it at the same time he did with our I-130. I gather here that it should have been sent with the NOA1 of the I130.

Is there a chance we can still pursue with the I129F then?
pushbrk
QUOTE(donchelle @ Oct 1 2007, 05:59 PM) *
QUOTE(pushbrk @ Oct 1 2007, 11:18 PM) *
QUOTE(donchelle @ Sep 30 2007, 11:28 PM) *
thank you all for your replies. i have been going on this site since we filed our papers but never posted any until now. i feel i belong to a community where patience is our virtue.

it's the I-130 which was approved and now is with nvc. we just received the other day the aos bill and the choice of agent form. i don't know what ever happened to our I-129F application.

is there any way my child's papers in the uscis be expedited? mine took 3 months there before it was approved and moved to the nvc. i don't want to live without my child since she is only 3-years-old.

i am very frustrated.


A child's immigration process can be expedited if they are about to age out but this doesn't apply to you. You'll need to take the I-129F K3 path or hold back on your I-130 until your child's I-130 catches up.

Find out the status of your I-129F.


Hi pushbrk

I check the status of my I129F and it's still stuck somewhere. I feel it ain't moving at all. I think something is wrong. My husband sent it at the same time he did with our I-130. I gather here that it should have been sent with the NOA1 of the I130.

Is there a chance we can still pursue with the I129F then?


Again, find out the status of your I-129F. Was it received? Is it in process? Do you have a case number? If he sent them together before July, I have no clue what they would have done besides send it back. If they didn't send it back, it should be in process somewhere.
whattodo
QUOTE(donchelle @ Sep 30 2007, 11:28 PM) *
is there any way my child's papers in the uscis be expedited? mine took 3 months there before it was approved and moved to the nvc. i don't want to live without my child since she is only 3-years-old.


QUOTE(pushbrk @ Oct 1 2007, 04:18 PM) *
... You'll need to take the I-129F K3 path or hold back on your I-130 until your child's I-130 catches up.


You have one year to act on an approved I-130 petition. So even if your child's petition can't be expedited, you can file it now and wait until it's approved to move forward with both your applications. I don't know if your husband is the biological father of your child but if you married before she's 18 (which obviously you did!), then he is the legal stepfather and can file an immediate-family I-130 petition for her too.
whattodo
Oh sorry, now I see that you did specify that your husband is the stepfather of your child. That's fine. Since you married while she's a minor, he is legally her stepfather and can petition for her just as he would for his own child. You can wait until her petition is approved and then move onto the interview stage with her.
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