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Mike n Huong

Need Help Filing for my wife's son!

By Mike n Huong in Bringing Family Members of Permanent Residents to America

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Mike n Huong Rising Star

Mike n Huong   1

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Hello to my fellow VJ family.

I hope that you guys and gals and guide me in the correct direction with our situation. Your help is always very well appreciated.

My wife came to the US on a Fiancee Visa that I petitioned for. It was approved and she flew home with me in 2006. Unfortunately at the time my wife's ex husband refused to sign the Quit claim for her son to come live with us. He has finally realized that it is the best for her son to come here with us and live. So he has signed the quit claim saying that his som is allowed to moved to any country with his mother. THis has been a very huge obstacle for us as it has been very difficult for my wife to live without her son.

So again my wife got her Visa in 2006 and moved here immediately with me.

She is currently on her 10 year green card.

She will be elegible for the Citizenship test in the spring of 2010.

So my question is, shall I file an I-130 petition as my step son, since he is no longer qualified for the follow to join?

Or shall we wait until my wife gets her Citizenship this upcoming summer?

Which choice will get her son here faster?

If I am to file the I-130 for my step son, could someone please provide my with information as to what needs to be submitted?

Thank you,

Mike

I-129F Timeline:

03-10-06 - Sent I-129F to USCIS

03-15-06 - NOA1

03-25-06 - NOA2 Approval

08-28-06 - Interview!!!

11-22-06 - Got the Visa!!!

AOS Timeline:

02-08-07 - I-485 sent

02-14-07 - NOA1 (Sent to Missouri)

03-06-07 - Biometrics Appointment

03-07-07 - Transferred to CSC

05-03-07 - Card Production Ordered Email

05-10-07 - Green Card In Hand

Removal of Conditions Timeline:

03-05-09 - I-751 sent

03-09-09 - NOA1 (1 yr Extension)

04-08-09 - Biometrics

07-09-09 - Card Production Ordered Email

07-17-09 - Green Card In Hand

I-130 Filing for Step-Son

11-30-09 - Received at USCIS

12-04-09 - NOA1

03-01-10 - NOA2

03-05-10 - NVC Case # Assigned

03-09-10 - NVC Mailed DS-3032 and AOS Bill

03-12-10 - Emailed DS-3032 to NVC

03-13-10 - Received Email from NVC stating they received DS-3032 (Also received AOS Fee Bill and DS-3032 in the mail)

03-14-10 - Paid Affidavit of Support Fee and IV Bill online

03-16-10 - NVC Website updated to PAID for both fee's

03-17-10 - Petitioner and Agent received emails to further proceed with case

08-05-10 - NVC Case Completed

10-27-10 - Interview PASSED

10-28-10 - Picked up Visa

Mike (United States) & Huong (Vietnam)

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

sooner you file a petition the sooner he is here... if you are eligible, then it will be faster if you do it, because you do not need to wait

YMMV

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Mike n Huong Rising Star

Mike n Huong   1

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
  • Author
Posted

Her son is 9 years old.

I-129F Timeline:

03-10-06 - Sent I-129F to USCIS

03-15-06 - NOA1

03-25-06 - NOA2 Approval

08-28-06 - Interview!!!

11-22-06 - Got the Visa!!!

AOS Timeline:

02-08-07 - I-485 sent

02-14-07 - NOA1 (Sent to Missouri)

03-06-07 - Biometrics Appointment

03-07-07 - Transferred to CSC

05-03-07 - Card Production Ordered Email

05-10-07 - Green Card In Hand

Removal of Conditions Timeline:

03-05-09 - I-751 sent

03-09-09 - NOA1 (1 yr Extension)

04-08-09 - Biometrics

07-09-09 - Card Production Ordered Email

07-17-09 - Green Card In Hand

I-130 Filing for Step-Son

11-30-09 - Received at USCIS

12-04-09 - NOA1

03-01-10 - NOA2

03-05-10 - NVC Case # Assigned

03-09-10 - NVC Mailed DS-3032 and AOS Bill

03-12-10 - Emailed DS-3032 to NVC

03-13-10 - Received Email from NVC stating they received DS-3032 (Also received AOS Fee Bill and DS-3032 in the mail)

03-14-10 - Paid Affidavit of Support Fee and IV Bill online

03-16-10 - NVC Website updated to PAID for both fee's

03-17-10 - Petitioner and Agent received emails to further proceed with case

08-05-10 - NVC Case Completed

10-27-10 - Interview PASSED

10-28-10 - Picked up Visa

Mike (United States) & Huong (Vietnam)

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CdnMN Explorer

CdnMN   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted (edited)
Hello to my fellow VJ family.

I hope that you guys and gals and guide me in the correct direction with our situation. Your help is always very well appreciated.

My wife came to the US on a Fiancee Visa that I petitioned for. It was approved and she flew home with me in 2006. Unfortunately at the time my wife's ex husband refused to sign the Quit claim for her son to come live with us. He has finally realized that it is the best for her son to come here with us and live. So he has signed the quit claim saying that his som is allowed to moved to any country with his mother. THis has been a very huge obstacle for us as it has been very difficult for my wife to live without her son.

So again my wife got her Visa in 2006 and moved here immediately with me.

She is currently on her 10 year green card.

She will be elegible for the Citizenship test in the spring of 2010.

So my question is, shall I file an I-130 petition as my step son, since he is no longer qualified for the follow to join?

Or shall we wait until my wife gets her Citizenship this upcoming summer?

Which choice will get her son here faster?

If I am to file the I-130 for my step son, could someone please provide my with information as to what needs to be submitted?

Thank you,

Mike

Mike,

I'm in somewhat the same boat as you are in. I'm Canadian and my wife is a US citizen. I haven't done my citizenship yet.

My ex just gave permission for my 12 yr old son to move here with us. My wife will file the I130 so there is no wait for a Visa to become available (there is a wait if the I130 is filed by a permanent resident)

No wait is a deceptive term. There is a wait for USCIS to approve the I130. They will then send off a package to NVC who will decide- based on where your son lives - where he will need to go for his immigration interview. The process isn't quick. PM me if you want more of the story.

See the letter I wrote and am sending to my State Senators and the Judiciary Committee on Immigration

http://www.visajourney.com/forums/index.php?showtopic=225352

Good luck

Ken

Edited by CdnMN

LPR since 2003 and will be applying for Naturalization soon. Currently working on I-130 for my son.

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CdnMN Explorer

CdnMN   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted
Why do you say he is no longer qualified for follow to join?

He cannot follow to join as the mother now has permanent residence status - she is no longer under a Visa so the follow to join doesn't apply. I've had this arguement with USCIS. Arrrggghhhh

LPR since 2003 and will be applying for Naturalization soon. Currently working on I-130 for my son.

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
Why do you say he is no longer qualified for follow to join?

FTJ is a derivative benefit available for up to one year after the initial "K" visa was issued... The OP's wife has been here three

YMMV

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Mike n Huong Rising Star

Mike n Huong   1

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
  • Author
Posted

Thanks everyone. I thought that would be the fastest route, but just wanted to make sure.

I-129F Timeline:

03-10-06 - Sent I-129F to USCIS

03-15-06 - NOA1

03-25-06 - NOA2 Approval

08-28-06 - Interview!!!

11-22-06 - Got the Visa!!!

AOS Timeline:

02-08-07 - I-485 sent

02-14-07 - NOA1 (Sent to Missouri)

03-06-07 - Biometrics Appointment

03-07-07 - Transferred to CSC

05-03-07 - Card Production Ordered Email

05-10-07 - Green Card In Hand

Removal of Conditions Timeline:

03-05-09 - I-751 sent

03-09-09 - NOA1 (1 yr Extension)

04-08-09 - Biometrics

07-09-09 - Card Production Ordered Email

07-17-09 - Green Card In Hand

I-130 Filing for Step-Son

11-30-09 - Received at USCIS

12-04-09 - NOA1

03-01-10 - NOA2

03-05-10 - NVC Case # Assigned

03-09-10 - NVC Mailed DS-3032 and AOS Bill

03-12-10 - Emailed DS-3032 to NVC

03-13-10 - Received Email from NVC stating they received DS-3032 (Also received AOS Fee Bill and DS-3032 in the mail)

03-14-10 - Paid Affidavit of Support Fee and IV Bill online

03-16-10 - NVC Website updated to PAID for both fee's

03-17-10 - Petitioner and Agent received emails to further proceed with case

08-05-10 - NVC Case Completed

10-27-10 - Interview PASSED

10-28-10 - Picked up Visa

Mike (United States) & Huong (Vietnam)

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