My I130 got approved but my 7 yrs old daughter is not.

[cordqueen31 0]

Hello everyone,

I got approved July 7 2009 under I130 petition our case continues to NVC and already assigned case number and done some processing fee.. but Today we find out that my daughter who is 7 yrs old petition was not approved and said she dont have name in USCIS. I know when my hubby file the petition she included my daughter name.

Im confused..Is there anyone out there can give me advice about this matter!

Thank you.

[aaron2020 11,651]

Hello everyone,

I got approved July 7 2009 under I130 petition our case continues to NVC and already assigned case number and done some processing fee.. but Today we find out that my daughter who is 7 yrs old petition was not approved and said she dont have name in USCIS. I know when my hubby file the petition she included my daughter name.

Im confused..Is there anyone out there can give me advice about this matter!

Thank you.

Since you are posting under "Bringing Family Members of USC to America," I will assume that your husband is a USC. The I-130 filed for you would have been an Immediate Relative case which does not allow for derivative beneficiaries (meaning that it is a petition for only one person). It does not matter that your daughter was listed on your I-130. In order for your daughter to qualify for a visa, your husband must file a separate I-130 for her as his child or step-child. There is no other way of getting a visa for your daughter based on the petition for you. Sorry. Your husband needs to file immediately for your daughter. An immigration visa is good for six months, so you can stay in the Philippines until your daughter gets her own visa. If she does not get one within six months of yours, you can request that your visa be extended by filing for an extension with the local US consulate/embassy.

[cordqueen31 0]

Hello everyone,

I got approved July 7 2009 under I130 petition our case continues to NVC and already assigned case number and done some processing fee.. but Today we find out that my daughter who is 7 yrs old petition was not approved and said she dont have name in USCIS. I know when my hubby file the petition she included my daughter name.

Im confused..Is there anyone out there can give me advice about this matter!

Thank you.

Since you are posting under "Bringing Family Members of USC to America," I will assume that your husband is a USC. The I-130 filed for you would have been an Immediate Relative case which does not allow for derivative beneficiaries (meaning that it is a petition for only one person). It does not matter that your daughter was listed on your I-130. In order for your daughter to qualify for a visa, your husband must file a separate I-130 for her as his child or step-child. There is no other way of getting a visa for your daughter based on the petition for you. Sorry. Your husband needs to file immediately for your daughter. An immigration visa is good for six months, so you can stay in the Philippines until your daughter gets her own visa. If she does not get one within six months of yours, you can request that your visa be extended by filing for an extension with the local US consulate/embassy.

HI aaron,

Thank you for you quickly responded.If that is th case then can u give me idea of what other requirements to apply for my daugther I130 petition?

and yes, my hubby is a USC in america.

I will inform him today about this matter.

your reply is such a big help!

Thank you

[aaron2020 11,651]

Hello everyone,

I got approved July 7 2009 under I130 petition our case continues to NVC and already assigned case number and done some processing fee.. but Today we find out that my daughter who is 7 yrs old petition was not approved and said she dont have name in USCIS. I know when my hubby file the petition she included my daughter name.

Im confused..Is there anyone out there can give me advice about this matter!

Thank you.

Since you are posting under "Bringing Family Members of USC to America," I will assume that your husband is a USC. The I-130 filed for you would have been an Immediate Relative case which does not allow for derivative beneficiaries (meaning that it is a petition for only one person). It does not matter that your daughter was listed on your I-130. In order for your daughter to qualify for a visa, your husband must file a separate I-130 for her as his child or step-child. There is no other way of getting a visa for your daughter based on the petition for you. Sorry. Your husband needs to file immediately for your daughter. An immigration visa is good for six months, so you can stay in the Philippines until your daughter gets her own visa. If she does not get one within six months of yours, you can request that your visa be extended by filing for an extension with the local US consulate/embassy.

HI aaron,

Thank you for you quickly responded.If that is th case then can u give me idea of what other requirements to apply for my daugther I130 petition?

and yes, my hubby is a USC in america.

I will inform him today about this matter.

your reply is such a big help!

Thank you

Use the Guides provided in this forum to start and follow the instructions for form I-130. http://www.visajourney.com/forums/index.ph...amp;page=guides

[Deputy Purple 1,294]

I have petitioned for a step-child (CR-2/IR-2) also. If your husband wants he can contact me via PM for assistance.

Currently my wife & son's cases are at NVC with all fees paid & as of today all documents delivered to NVC so we're ahead of you in the process and I'm more than happy to share my experiences with you.

[jempol 0]

Hello everyone,

I got approved July 7 2009 under I130 petition our case continues to NVC and already assigned case number and done some processing fee.. but Today we find out that my daughter who is 7 yrs old petition was not approved and said she dont have name in USCIS. I know when my hubby file the petition she included my daughter name.

Im confused..Is there anyone out there can give me advice about this matter!

Thank you.

Since you are posting under "Bringing Family Members of USC to America," I will assume that your husband is a USC. The I-130 filed for you would have been an Immediate Relative case which does not allow for derivative beneficiaries (meaning that it is a petition for only one person). It does not matter that your daughter was listed on your I-130. In order for your daughter to qualify for a visa, your husband must file a separate I-130 for her as his child or step-child. There is no other way of getting a visa for your daughter based on the petition for you. Sorry. Your husband needs to file immediately for your daughter. An immigration visa is good for six months, so you can stay in the Philippines until your daughter gets her own visa. If she does not get one within six months of yours, you can request that your visa be extended by filing for an extension with the local US consulate/embassy.

In wiki

NOTE: If you are a US CItizen filing for a K1 or K3 Visa for your non-US fiance/spouse, and they have children, then they may bring them here under a K2/K3 Visa. The children automatically qualify fro the K2/K3 visa as derivitive status of their mom's K1/K3 status (you need only petition for your fiance/wife and list the children on that petition in the relavent blanks).

Since the child is still minor, shouldn't she automatically approved based on her mother petition status?

[aaron2020 11,651]

Hello everyone,

I got approved July 7 2009 under I130 petition our case continues to NVC and already assigned case number and done some processing fee.. but Today we find out that my daughter who is 7 yrs old petition was not approved and said she dont have name in USCIS. I know when my hubby file the petition she included my daughter name.

Im confused..Is there anyone out there can give me advice about this matter!

Thank you.

Since you are posting under "Bringing Family Members of USC to America," I will assume that your husband is a USC. The I-130 filed for you would have been an Immediate Relative case which does not allow for derivative beneficiaries (meaning that it is a petition for only one person). It does not matter that your daughter was listed on your I-130. In order for your daughter to qualify for a visa, your husband must file a separate I-130 for her as his child or step-child. There is no other way of getting a visa for your daughter based on the petition for you. Sorry. Your husband needs to file immediately for your daughter. An immigration visa is good for six months, so you can stay in the Philippines until your daughter gets her own visa. If she does not get one within six months of yours, you can request that your visa be extended by filing for an extension with the local US consulate/embassy.

In wiki

NOTE: If you are a US CItizen filing for a K1 or K3 Visa for your non-US fiance/spouse, and they have children, then they may bring them here under a K2/K3 Visa. The children automatically qualify fro the K2/K3 visa as derivitive status of their mom's K1/K3 status (you need only petition for your fiance/wife and list the children on that petition in the relavent blanks).

Since the child is still minor, shouldn't she automatically approved based on her mother petition status?

Cordqueen31 listed that she applied for a CR-1/IR-1 which does not allow for derivative beneficiaries.

Normally, the USC spouse files for the non-USC spouse and any stepchildren at the same time; each with their own I-130. Once in the US, all the immigrants get green cards without further paperwork.

The K-3 visa is not as popular an option as it takes about the same time to process as a CR-1/IR-1. It is also a non-immigrant visa that requires an adjustment of status in the US. This means it is more expensive than the CR-1/IR-1 route. Until the adjustment is complete, the non-USC spouse cannot work and possibly not be able to get a driver's license.

Given Cordqueen31's current situation, her best option is for her husband to file an I-130 petition for her child. If she is issued a visa ahead of her child, she still has six months to use her visa. For all practical purposes, it does not make sense for her to abandoned the approved petition for her and start over with a K-3. That would likely mean three times the expense of just filing for her and her child, and it would not be any faster than just filing for her child at this point.

Edited September 23, 2009 by aaron2020

[jempol 0]

Hello everyone,

I got approved July 7 2009 under I130 petition our case continues to NVC and already assigned case number and done some processing fee.. but Today we find out that my daughter who is 7 yrs old petition was not approved and said she dont have name in USCIS. I know when my hubby file the petition she included my daughter name.

Im confused..Is there anyone out there can give me advice about this matter!

Thank you.

Since you are posting under "Bringing Family Members of USC to America," I will assume that your husband is a USC. The I-130 filed for you would have been an Immediate Relative case which does not allow for derivative beneficiaries (meaning that it is a petition for only one person). It does not matter that your daughter was listed on your I-130. In order for your daughter to qualify for a visa, your husband must file a separate I-130 for her as his child or step-child. There is no other way of getting a visa for your daughter based on the petition for you. Sorry. Your husband needs to file immediately for your daughter. An immigration visa is good for six months, so you can stay in the Philippines until your daughter gets her own visa. If she does not get one within six months of yours, you can request that your visa be extended by filing for an extension with the local US consulate/embassy.

In wiki

NOTE: If you are a US CItizen filing for a K1 or K3 Visa for your non-US fiance/spouse, and they have children, then they may bring them here under a K2/K3 Visa. The children automatically qualify fro the K2/K3 visa as derivitive status of their mom's K1/K3 status (you need only petition for your fiance/wife and list the children on that petition in the relavent blanks).

Since the child is still minor, shouldn't she automatically approved based on her mother petition status?

Cordqueen31 listed that she applied for a CR-1/IR-1 which does not allow for derivative beneficiaries.

Normally, the USC spouse files for the non-USC spouse and any stepchildren at the same time; each with their own I-130. Once in the US, all the immigrants get green cards without further paperwork.

The K-3 visa is not as popular an option as it takes about the same time to process as a CR-1/IR-1. It is also a non-immigrant visa that requires an adjustment of status in the US. This means it is more expensive than the CR-1/IR-1 route. Until the adjustment is complete, the non-USC spouse cannot work and possibly not be able to get a driver's license.

Given Cordqueen31's current situation, her best option is for her husband to file an I-130 petition for her child. If she is issued a visa ahead of her child, she still has six months to use her visa. For all practical purposes, it does not make sense for her to abandoned the approved petition for her and start over with a K-3. That would likely mean three times the expense of just filing for her and her child, and it would not be any faster than just filing for her child at this point.

Hi Aaron, thanks for your info. I'm actually in the same boat, petitioning my wife on IR1. I thought my step daughter automatically approved based on my wife petition status.

[NickD 202]

No free rides for children to bring them over here, a separate I-130 plus all the required paperwork must be filed for each one, you can't list a child on your I-130 and expect approval. From reading your post, it sounds like you did. The fees for bringing in just the spouse are the same for each child, adds up in a big hurry.

[jempol 0]

No free rides for children to bring them over here, a separate I-130 plus all the required paperwork must be filed for each one, you can't list a child on your I-130 and expect approval. From reading your post, it sounds like you did. The fees for bringing in just the spouse are the same for each child, adds up in a big hurry.

Thanks for this info. There is no information in the guide about petitioning beneficiary's child. I thought by including the child in spouse's I-130 will also include petition for the child.

[NArocks 13]

No free rides for children to bring them over here, a separate I-130 plus all the required paperwork must be filed for each one, you can't list a child on your I-130 and expect approval. From reading your post, it sounds like you did. The fees for bringing in just the spouse are the same for each child, adds up in a big hurry.

Thanks for this info. There is no information in the guide about petitioning beneficiary's child. I thought by including the child in spouse's I-130 will also include petition for the child.

Apply ASAP as the parents petition can sit at the NVC for a year if I am not mistaken. get the I-130 filed for the child today. Call the NVC to let them know you want to hold the parents petition there then they can meet up if there are no hiccups with the child petition.