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huhtaman

I-130 seperate one needed for child ???

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Hello All:

I filed an I-130 for my wife and followed it with an I-129F. My wife has a 9 year old daughter. I thought the I-130 covered both of them - but I was just told by an immigration attorney that the childe needs a seperate I-130 filed on her behalf.

Is this true ??? Can a minor child under 16 be included on an I-130 ???

Unfortunately, I made the mistake of withdrawing the I-129F. Ouch - so - now Im dependent on the I-130 by itself.

Once the I-130 is approved - how long does it take from approval to interview ??? I have been told that the I-130 spends significantly longer at the NVC then the I-129F.

An immigration attorney is advising me to cancel the existing I-130 (filed in 3/2007) and refile a new I-130 and I-129F because he says my case is flawed cause I dont have a seperate I-130 for the child. Any comments ???


3/09/07 I-130 Mailed

3/13/07 I-130 Received by USCIS

3/21/07 NOA 1 Notice

8/10/07 Touched

8/15/07 Assigned to Adjudicator

04/01/07 I-129F Mailed

04/03/07 I-129f received

04/05/07 I-129f NOA1

05/23/07 I-129f touched

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For CR-1/IR-1 cases a separate I-130 is needed for the child. K-3 is different, the child gets K-4 as a derivative because they are listed on the I-129F. When adjusting status from a K-4, the I-130 needs to be filed at that time with I-485 to adjust, if the I-130 for the child was not filed at the time the parent's was.


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