I-130 approved

[oh hene wa 0]

I-130 approved 1-5 09, case at NVC now, called to check on things and they said spouse only can come on I-130.

My husband has 2 children, and I was told the children cant come with him. I called NVC two times to confirm this

and the same answer both times. Can some one please help me, what do I need to do to get my kids here.

I was told by USCIS I only had 30 days to file an I-129F, I called USCIS so many times about this and always got the same answer

you cant file the I-129F. Last night the person at the NVC told me to call USCIS anain and talk to them, I did and USCIS said I should have filed the

I-129F, I explained everything and they said they are sorry but the I-130 is approved now and there is nothing they can do.

I need to know what to do now, Please help me.

My kids are 8yrs old and 3 yrs old.

[payxibka 10,044]

We do not call it around here the USCIS mis-information line for nothing....

The I-130 does NOT have derivative benefit and each intended immigrant visa applicant needs there own I-130... which means that at the time of the I-130 filing, if you wanted all three to come on an immigrant visa, all three I-130's should have been filed at that time. I-129F has derivative benefit but will not be processed once the I-130 for the parent has been approved.

[pushbrk 12,182]

We do not call it around here the USCIS mis-information line for nothing....

The I-130 does NOT have derivative benefit and each intended immigrant visa applicant needs there own I-130... which means that at the time of the I-130 filing, if you wanted all three to come on an immigrant visa, all three I-130's should have been filed at that time. I-129F has derivative benefit but will not be processed once the I-130 for the parent has been approved.

The above is exactly correct. It is too late to do anything derivitive for the children. They'll need their own I-130s filed. You can delay the spouse visa process while the children catch up. May I ask how you got the impression the children could accompany their parent based on filing one I-130?

[oh hene wa 0]

We do not call it around here the USCIS mis-information line for nothing....

The I-130 does NOT have derivative benefit and each intended immigrant visa applicant needs there own I-130... which means that at the time of the I-130 filing, if you wanted all three to come on an immigrant visa, all three I-130's should have been filed at that time. I-129F has derivative benefit but will not be processed once the I-130 for the parent has been approved.

The above is exactly correct. It is too late to do anything derivitive for the children. They'll need their own I-130s filed. You can delay the spouse visa process while the children catch up. May I ask how you got the impression the children could accompany their parent based on filing one I-130?

from the people at the USCIS in Dec 07 I thought they are always right, I always called and recalled, to make sure they were right.

now I am no closer then when I first started...

How can I stall my husbands wont it take 6 more months

now I will turn to this board for help because someone else has gone thru this as well

somewhere

[oh hene wa 0]

We do not call it around here the USCIS mis-information line for nothing....

The I-130 does NOT have derivative benefit and each intended immigrant visa applicant needs there own I-130... which means that at the time of the I-130 filing, if you wanted all three to come on an immigrant visa, all three I-130's should have been filed at that time. I-129F has derivative benefit but will not be processed once the I-130 for the parent has been approved.

That is all i have gotten from them all this time was mis information, and nothing but

[pushbrk 12,182]

We do not call it around here the USCIS mis-information line for nothing....

The I-130 does NOT have derivative benefit and each intended immigrant visa applicant needs there own I-130... which means that at the time of the I-130 filing, if you wanted all three to come on an immigrant visa, all three I-130's should have been filed at that time. I-129F has derivative benefit but will not be processed once the I-130 for the parent has been approved.

The above is exactly correct. It is too late to do anything derivitive for the children. They'll need their own I-130s filed. You can delay the spouse visa process while the children catch up. May I ask how you got the impression the children could accompany their parent based on filing one I-130?

from the people at the USCIS in Dec 07 I thought they are always right, I always called and recalled, to make sure they were right.

now I am no closer then when I first started...

How can I stall my husbands wont it take 6 more months

now I will turn to this board for help because someone else has gone thru this as well

somewhere

To stall it, wait for communication from NVC. Respond with a letter indicating you'll resume when your children's I-130s arrive there. They'll just hold it for up to a year for any reason you give them or none at all.

[oh hene wa 0]

We do not call it around here the USCIS mis-information line for nothing....

The I-130 does NOT have derivative benefit and each intended immigrant visa applicant needs there own I-130... which means that at the time of the I-130 filing, if you wanted all three to come on an immigrant visa, all three I-130's should have been filed at that time. I-129F has derivative benefit but will not be processed once the I-130 for the parent has been approved.

The above is exactly correct. It is too late to do anything derivitive for the children. They'll need their own I-130s filed. You can delay the spouse visa process while the children catch up. May I ask how you got the impression the children could accompany their parent based on filing one I-130?

from the people at the USCIS in Dec 07 I thought they are always right, I always called and recalled, to make sure they were right.

now I am no closer then when I first started...

How can I stall my husbands wont it take 6 more months

now I will turn to this board for help because someone else has gone thru this as well

somewhere

To stall it, wait for communication from NVC. Respond with a letter indicating you'll resume when your children's I-130s arrive there. They'll just hold it for up to a year for any reason you give them or none at all.

Really,

So tell me please how long will it take for the kids?

Is there any way to speed up there application?

Because if my husband comes without them there is no one in Ghana to take care of them.

So is there a way to speed up the process so everything will meet up?

Should I include a copy of my husbands filing stuff and the approval (NOA 1 and the NOA 2) as proof there fathers

application has been approved and at NVC waiting on there I-130?

I really need help to get this right this time

thank you for your help.

[Ya and Probz 0]

We are going thru a some what similar situation. My I-130 was already appoved back in March and we are STILL waiting for the USCIS to approve my sons petition. I can really relate to the emotional strains this causes and hope you will be able to file for your children as soon as possible so you can all be reunited again. Bes of luck

[pushbrk 12,182]

We do not call it around here the USCIS mis-information line for nothing....

The I-130 does NOT have derivative benefit and each intended immigrant visa applicant needs there own I-130... which means that at the time of the I-130 filing, if you wanted all three to come on an immigrant visa, all three I-130's should have been filed at that time. I-129F has derivative benefit but will not be processed once the I-130 for the parent has been approved.

The above is exactly correct. It is too late to do anything derivitive for the children. They'll need their own I-130s filed. You can delay the spouse visa process while the children catch up. May I ask how you got the impression the children could accompany their parent based on filing one I-130?

from the people at the USCIS in Dec 07 I thought they are always right, I always called and recalled, to make sure they were right.

now I am no closer then when I first started...

How can I stall my husbands wont it take 6 more months

now I will turn to this board for help because someone else has gone thru this as well

somewhere

To stall it, wait for communication from NVC. Respond with a letter indicating you'll resume when your children's I-130s arrive there. They'll just hold it for up to a year for any reason you give them or none at all.

Really,

So tell me please how long will it take for the kids?

Is there any way to speed up there application?

Because if my husband comes without them there is no one in Ghana to take care of them.

So is there a way to speed up the process so everything will meet up?

Should I include a copy of my husbands filing stuff and the approval (NOA 1 and the NOA 2) as proof there fathers

application has been approved and at NVC waiting on there I-130?

I really need help to get this right this time

thank you for your help.

Yes, I would include the documents but not expect it to speed things. It's not their mistake.

Edited January 11, 2009 by pushbrk

[Troy W 0]

I have a question about this further, I am not in this boat but it strikes me as a possible issue to contend with.

The I130 does not include reciprocal children the I129 for a K3 does, If the I130 and the I129 come in near the same time and if the I129 is canceled by the I130, what happens to the children if you did not file an I130 for them

[oh hene wa 0]

I have a question about this further, I am not in this boat but it strikes me as a possible issue to contend with.

The I130 does not include reciprocal children the I129 for a K3 does, If the I130 and the I129 come in near the same time and if the I129 is canceled by the I130, what happens to the children if you did not file an I130 for them

You know what you have a very good question here.....

Is there someone out here that knows the answer to this?????

[oh hene wa 0]

We are going thru a some what similar situation. My I-130 was already appoved back in March and we are STILL waiting for the USCIS to approve my sons petition. I can really relate to the emotional strains this causes and hope you will be able to file for your children as soon as possible so you can all be reunited again. Bes of luck

Thank you for your kind words..

Sorry so long to get back you you and say thank you for your support

but working to stay busy, and busy to keep from going crazy with worrie.

The process of getting all the papers for the kids has been so very long and so

very hard but almost done, with that part the next part is getting it in order and

getting it all turned in. So pray with us as we pray things will go fast and smooth

and we will be a big family so very soon.

thank you again.

[Kez/JWolf 6]

I would be contacting my congressman and senetor pointing out the you were going the K3 route bu as USCIS has approved the I-130 faster than the I-129 they(USCIS) have cancelled your K3 and now the children have lost their derivative benefits and you are now being forced to delay the visa for your spouse as you now have to file I-130's for the Children and wait the 6 - 8 months for them to be approved. If the K3 had been allowed to continue then the Children would have been able to accompany their father on K4 visa's.

Good Luck.

[childress_london 3]

So if your I130 gets approved before the I129F then you have no choice but to follow the I130? Is this true? My husband and I need to follow the K3 so he can interview in Montreal. He lives in Canada and it would be a hardship for him to have to go to the embassy in Turkey.