STILL WAITING

[AYESHA 0]

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

Edited June 9, 2009 by AYESHA

[aaron2020 11,651]

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

You need a lawyer.

Who filed the I-130 for your husband? Who filed for the son and daughters?

[AYESHA 0]

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

You need a lawyer.

Who filed the I-130 for your husband? Who filed for the son and daughters?

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

[L179 1]

well the bar definately is placed on your husband and not the children, so there is no reason if you or anyone else has filed the I-130 for the children they can not come to the US, only they will fall under a different category which will probably take longer for process

[aaron2020 11,651]

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

You need a lawyer.

Who filed the I-130 for your husband? Who filed for the son and daughters?

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

Okay, got it - you filed for your husband. You need to provide more information in order for your question to be answered. Did anyone ever file I-130s for the son and daughters? If not, then they cannot get visas. Are you a US citizen? If yes, when did you become a US citizen?

Edited June 9, 2009 by aaron2020

[AYESHA 0]

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

You need a lawyer.

Who filed the I-130 for your husband? Who filed for the son and daughters?

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

Okay, got it - you filed for your husband. You need to provide more information in order for your question to be answered. Did anyone ever file I-130s for the son and daughters? If not, then they cannot get visas. Are you a US citizen? If yes, when did you become a US citizen?

Thanks for your answer. I have been a citizen since i was 10, 36 years ago. I thought that because the children were on my husbands petitions they would be also allowed to enter the USA.

[aaron2020 11,651]

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

You need a lawyer.

Who filed the I-130 for your husband? Who filed for the son and daughters?

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

Okay, got it - you filed for your husband. You need to provide more information in order for your question to be answered. Did anyone ever file I-130s for the son and daughters? If not, then they cannot get visas. Are you a US citizen? If yes, when did you become a US citizen?

Thanks for your answer. I have been a citizen since i was 10, 36 years ago. I thought that because the children were on my husbands petitions they would be also allowed to enter the USA.

The I-130 that you filed for your husband would have been classified in the Immediate Relative category. Here, there are no derivative beneficiaries - meaning that the petition is for one person only and no other person is included in the petition. Listing his children was only for informational purposes (if he later petitions for them for example - USCIS would have a record). Children are not included in a petition for a parent in the IR category.

Since the children were all under age 18 when you married their father, you can file I-130 petitions for them now as your stepchildren. Each child will need their own petition. The petitions would be in the F1 family preference category (US citizen petitioning for an unmarried child 21 years or older). The current wait is about 7 years. If the children get married, then it will take 9 years. This is the fastest route for the children at this point.

Edited June 9, 2009 by aaron2020

[aaron2020 11,651]

Here is information on "Immigration Visa for a Spouse" http://travel.state.gov/visa/immigrants/ty...types_2991.html

Here is information on Petitioning for a Child - http://www.visajourney.com/forums/index.ph...&page=child

[AYESHA 0]

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

You need a lawyer.

Who filed the I-130 for your husband? Who filed for the son and daughters?

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

Okay, got it - you filed for your husband. You need to provide more information in order for your question to be answered. Did anyone ever file I-130s for the son and daughters? If not, then they cannot get visas. Are you a US citizen? If yes, when did you become a US citizen?

Thanks for your answer. I have been a citizen since i was 10, 36 years ago. I thought that because the children were on my husbands petitions they would be also allowed to enter the USA.

The I-130 that you filed for your husband would have been classified in the Immediate Relative category. Here, there are no derivative beneficiaries - meaning that the petition is for one person only and no other person is included in the petition. Listing his children was only for informational purposes (if he later petitions for them for example - USCIS would have a record). Children are not included in a petition for a parent in the IR category.

Since the children were all under age 18 when you married their father, you can file I-130 petitions for them now as your stepchildren. Each child will need their own petition. The petitions would be in the F1 family preference category (US citizen petitioning for an unmarried child 21 years or older). The current wait is about 7 years. If the children get married, then it will take 9 years. This is the fastest route for the children at this point.

Thank you, one last question if you dont mind, would it be only 2 years for them to come since we have already been approved 5 years ago, or we wait 7 years because i am just petitioning for them now?

[aaron2020 11,651]

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

You need a lawyer.

Who filed the I-130 for your husband? Who filed for the son and daughters?

I wonder if anyone could please answer this question. My husband's I-130 petition was approved about 4 years ago, because he is from Pakistan and had been deported in 2002, for overstaying, we had to wait for name checks and background checks which took 2 years, then we had to apply for a waiver, the waiver was denied 2 years ago, but we appealed them and should hopefully get an answer in September, as to whether he can come to the US before the 10 year bar, which he received when he was deported, if the if the appeal is denied we have to wait 3 more years which is the 10 years. My question is, can his children, a son 23 years old and 2 daughters 20 and 18 unmarried be allowed to come to the USA, even if their father is still waiting for an answer on the appeal? The I-130 as i mentioned before was approved. Thank you for your help.

Okay, got it - you filed for your husband. You need to provide more information in order for your question to be answered. Did anyone ever file I-130s for the son and daughters? If not, then they cannot get visas. Are you a US citizen? If yes, when did you become a US citizen?

Thanks for your answer. I have been a citizen since i was 10, 36 years ago. I thought that because the children were on my husbands petitions they would be also allowed to enter the USA.

The I-130 that you filed for your husband would have been classified in the Immediate Relative category. Here, there are no derivative beneficiaries - meaning that the petition is for one person only and no other person is included in the petition. Listing his children was only for informational purposes (if he later petitions for them for example - USCIS would have a record). Children are not included in a petition for a parent in the IR category.

Since the children were all under age 18 when you married their father, you can file I-130 petitions for them now as your stepchildren. Each child will need their own petition. The petitions would be in the F1 family preference category (US citizen petitioning for an unmarried child 21 years or older). The current wait is about 7 years. If the children get married, then it will take 9 years. This is the fastest route for the children at this point.

Thank you, one last question if you dont mind, would it be only 2 years for them to come since we have already been approved 5 years ago, or we wait 7 years because i am just petitioning for them now?

Time starts when you file for them. The petition for their father has nothing to do with them. Their listing on the petition for their father was only informational.