Stepson I-130 / Mothers Pending AOS

[cbrniner 1]

Im very curious and hope someone can help me ... I am the USC and currently my wife is in the middle of adjusting her status from B1/B2 .. After our marriage we filed her I130-I485-I131and I765 concurrently and right now we have made it through Bio and have had one RFE which has been resolved and the case has resumed .

When we filed for my wife I also sent in a Petition for my now stepson (Her son) who is eleven but still in Manilla (his mom , my wife is here in the US) He is currently living with his grandmother cause his father(real Father) isnt too concerned of his well being at the time . He has signed a paper saying it was okay for him to immigrate to the US so that wont be a problem. The problem is that his mother my wife is missing her son badly, her mother (his Grandmother) is not so well off so it has become a burden on her. I would like to get him to the US as quickly as possible , does anyone think because of his age that we could get this expedited ??? its been one month since we sent in his I130 and we have only received NOA1 ...

Any advise you have please share with me ...I hate to see my wife saddened by being without her child and I am trying to make this go as fast as I can ...

***Note to Mods - didnt know if this was the proper place for this ....I thought it would be since the next step would be NVC...if you see fit a better place to where it might get a better response please do .....Thank you ******

[Boiler 43,429]

This may be one of those cases where AOS from a visitor visa is not the best idea.

CR1/IR1 may be a better bet.

[blueclown 0]

I agree. Skip visitor visa and go for i-130. Since it is before you and your wife's 2 yr anniversary he will come in as a CR2, but being that he's under 18, will be directly treated as your child. I just filed for my 2 step children, process took about 6 months, our interview for visa is in July.

This may be one of those cases where AOS from a visitor visa is not the best idea.

CR1/IR1 may be a better bet.

[cbrniner 1]

Hello , My name is Todd I am a USC ...my wife from the Philippines has just recently got approval of her adjustment status (as of July 28th) we filed May 6th she adjusted from a B1B2 ..of course it was through marriage ..

When we sent her I130/I485/I131and I765 we also at that time applied for my now step son separately w/I130 ... Today we received her "welcome letter"(I485) and her I130 approval letter ...

Now im curious will this speed things up with our sons I130 ??? is there a way to get this expedited ??? He is living with his grandmother and his mother is anxiously awaiting to get through this process so he can get here ....

I hope I provided enough information ...Please if you can Help us reunite with our son ...

Thank you soooooo much

Todd and Helen in Las Vegas

[payxibka 10,044]

Hello , My name is Todd I am a USC ...my wife from the Philippines has just recently got approval of her adjustment status (as of July 28th) we filed May 6th she adjusted from a B1B2 ..of course it was through marriage ..

When we sent her I130/I485/I131and I765 we also at that time applied for my now step son separately w/I130 ... Today we received her "welcome letter"(I485) and her I130 approval letter ...

Now im curious will this speed things up with our sons I130 ??? is there a way to get this expedited ??? He is living with his grandmother and his mother is anxiously awaiting to get through this process so he can get here ....

I hope I provided enough information ...Please if you can Help us reunite with our son ...

Thank you soooooo much

Todd and Helen in Las Vegas

expedite criteria is very restrictive... I am sorry to say that missing mom or vice versa is not one of them.

[Darnell 8,478]

Is possible to get an expedite NOW whilst the I-130 is still at USCIS - but it'####### and miss -

You'll need to request the expedite with USCIS -

call USCIS first, ask for 'visa specialist' or 'immigration specialist'.

then

explain that you need an expedite for an I-130 petition for a derivative CR-2 visa , the I-130 petititon was filed already for the son, and the MOTHER has her approval on both the AOS and I-130.

IF the visa specialist agrees to funnel an expedite, you'll be given instructions on what to send in (usually the Mom's I-130 approval notice), and to 'where' and via which medium (email vs postal mail).

Sometimes is useful to talk with the 'Immigration Liason Staffer' at yer US REP's/US Senators offices, as well. You'll need to sign a disclosure form with each office, be prepared to fax in that disclosure form if you'd like some speed.

[cbrniner 1]

Is possible to get an expedite NOW whilst the I-130 is still at USCIS - but it'####### and miss -

You'll need to request the expedite with USCIS -

call USCIS first, ask for 'visa specialist' or 'immigration specialist'.

then

explain that you need an expedite for an I-130 petition for a derivative CR-2 visa , the I-130 petititon was filed already for the son, and the MOTHER has her approval on both the AOS and I-130.

IF the visa specialist agrees to funnel an expedite, you'll be given instructions on what to send in (usually the Mom's I-130 approval notice), and to 'where' and via which medium (email vs postal mail).

Sometimes is useful to talk with the 'Immigration Liason Staffer' at yer US REP's/US Senators offices, as well. You'll need to sign a disclosure form with each office, be prepared to fax in that disclosure form if you'd like some speed.

Thanks for the information , will call them first thing in the morning ....will update once I get off the phone with USCIS

[Nystu 2]

Hey Todd, I am in the exact same situation, my wife has her interview on 8/24. Let me know what you find out as I know exactly the situation you are living right now.

Best of Luck!

[cbrniner 1]

Hey Todd, I am in the exact same situation, my wife has her interview on 8/24. Let me know what you find out as I know exactly the situation you are living right now.

Best of Luck!

I called USCIS today and put in a request to Expedite ...They said I should hear something within 5 days ...will keep you updated

[Nystu 2]

I called USCIS today and put in a request to Expedite ...They said I should hear something within 5 days ...will keep you updated

Best of luck!

[Darnell 8,478]

I called USCIS today and put in a request to Expedite ...They said I should hear something within 5 days ...will keep you updated

Verra Cool ! YAY ! What's Mama Say?

But seriously - did that USCIS person ask for any casefile #'s ? or something to be emailed/faxed/postal mailed?

Edited August 3, 2010 by Darnell

[cbrniner 1]

Verra Cool ! YAY ! What's Mama Say?

But seriously - did that USCIS person ask for any casefile #'s ? or something to be emailed/faxed/postal mailed?

Just asked for stepsons receipt number and listed under financial loss cause Grandmother is retired and thats who stepson is with ...put that in the notes along with my wifes (his Mother) is here in the US and was just approved on her I130 and I 485 ....so Hopefully that will work ....fingers,toes and eyes are crossed .....

[cbrniner 1]

Wow that was quick

Type of service requested:

-- Expedite

The status of this service request is:

Your request for expedited processing has been received. After careful review and consideration, it has been determined that the request does not meet the expedite guidelines established by U.S. Citizenship and Immigration Services. As such, the case will be adjudicated in date receipt order.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

Just contacted my state senators office and filled out the Privacy Act Release form along with an explanation of what I am asking help for and they let me email back as a PDF file as opposed to mailing it , so hopefully the senators office can do something for us ....

[Darnell 8,478]

ug ug. Well, like I mentioned, it's really hit or miss.

I'd stick with this phrasing, though -

you need an expedite for an I-130 petition for a derivative CR-2 visa , the I-130 petititon was filed already for the son, and the MOTHER has her approval on both the AOS and I-130.

[cbrniner 1]

Okay get this .... I just got a call this morning from the USCIS .....The lady called to apologize , yesterday when they got the request for expedite she said she made a mistake and hit the wrong button ....

So , the request for expedite was APPROVED ....she said she felt bad she had tried to call me yesterday (I was out) and she said this was the first thing she had to do this morning was to call us and let us know .....OMG this is great news ...wahoooo :dance: