What is wrong at USCIS

[Adet 0]

Let me start with a lil' background story.My fiance,a USC came to live with me in Nigeria in Feb 2008 and we got married in August 2008 and because we didn't know much about immigration we didn't start the procedure until September 2009 about the birth of our daughter.We sent off the I-130 in September 2009 and we got an approval in Feb 2010.All the while my husband was with me here in Nigeria,but his parents and younger sister were in the US.We decided he would return to the US as soon as our case got to NVC cos it's was really hard to decide to live apart.While he was in Nigeria he wasn't working and so we relied on just my income but we were comfortable as long as we were living together.And so in July after paying the AOS fee online my husband headed off to the US.He filled the AOS forms already and got his dad and mom to both fill the I-864A cos he's living with them.they will send off the AOS on Monday.But what we discovered is that we only filed 1 I-130which we assumed covered our daughter and i but apparently we were wrong so my husband sent off another I-130 on the 26th of July for my daughter which the post office confirmed that it was received at USCIS on the 1st of August.But to our surprise my husband hasn't received the NOA1 till now.He called the yesterday and the person he spoke with said they do not even have it in their record cos the money order he sent is not in their record.What can be the problem?I really want our applications together so we can have our interview together cos shes just 18mths old

[canadian_wife 1,791]

I don't understand, does your husband meet the residency requirements for your child to be a US citizen?

Check with the bank, was the money order cashed?

Good luck

[Adet 0]

No my husband doesn't meet the residency requirement,he's gonna check on Monday if the money order has been cashed.Thank you

[meijie 9]

Let me start with a lil' background story.My fiance,a USC came to live with me in Nigeria in Feb 2008 and we got married in August 2008 and because we didn't know much about immigration we didn't start the procedure until September 2009 about the birth of our daughter.We sent off the I-130 in September 2009 and we got an approval in Feb 2010.All the while my husband was with me here in Nigeria,but his parents and younger sister were in the US.We decided he would return to the US as soon as our case got to NVC cos it's was really hard to decide to live apart.While he was in Nigeria he wasn't working and so we relied on just my income but we were comfortable as long as we were living together.And so in July after paying the AOS fee online my husband headed off to the US.He filled the AOS forms already and got his dad and mom to both fill the I-864A cos he's living with them.they will send off the AOS on Monday.But what we discovered is that we only filed 1 I-130which we assumed covered our daughter and i but apparently we were wrong so my husband sent off another I-130 on the 26th of July for my daughter which the post office confirmed that it was received at USCIS on the 1st of August.But to our surprise my husband hasn't received the NOA1 till now.He called the yesterday and the person he spoke with said they do not even have it in their record cos the money order he sent is not in their record.What can be the problem?I really want our applications together so we can have our interview together cos shes just 18mths old

I am confused - are you still in Nigeria? You can't AOS if you are in Nigeria??

[Adet 0]

AOS= AFFIDAVIT OF SUPPORT

[Darnell 8,478]

I am confused - are you still in Nigeria? You can't AOS if you are in Nigeria??

Hey - there is no 'Adjustment of Status' for an IR-1 or CR-1 Visa holder.

and this is the IR-1/CR-1 forum. I know AOS can mean 2 different things, but in the IR-1/CR-1 forum, usually it means 'Affadavit of Support', that I-864 form.

[meijie 9]

AOS= AFFIDAVIT OF SUPPORT

LOL. Sorry my bad. In my defense, your status says ADJUSTMENT OF STATUS (pending).

[NigeriaorBust 4,087]

Once you figure out where the check is you should ask for an expedite for your daughters petition. You should also make back up plans in case it doesn't get expedited. Could you leave her with your mother / sister for a few ? Remember once approved you have 6 months before you have to come to the US . You will hopefully have her visa in that amount of time. You could even contact the consulate and ask them to delay your interview until her petition catches up.

[Adet 0]

Thanks for your advice,i can't leave her with my mom but calling the embassy for a little delay seems like the best option.Thank you all.

[Lexlee08 18]

I thought if the child is born with one USC parent he is an automatic US citizen as long as his birth was reported to the US embassy. Adet, maybe you can check about this information that way you don't have to worry about the I-130 for your child.

[LotofPatience 65]

I thought if the child is born with one USC parent he is an automatic US citizen as long as his birth was reported to the US embassy. Adet, maybe you can check about this information that way you don't have to worry about the I-130 for your child.

That's correct, if the USC have lived in the U.S for at least 5 years before the child birth.

Loto

[Darnell 8,478]

I thought if the child is born with one USC parent he is an automatic US citizen as long as his birth was reported to the US embassy. Adet, maybe you can check about this information that way you don't have to worry about the I-130 for your child.

There are also 'US Citizen residency requirements' on a CRBA to consider, as well.

[Darnell 8,478]

Once you figure out where the check is you should ask for an expedite for your daughters petition. You should also make back up plans in case it doesn't get expedited. Could you leave her with your mother / sister for a few ? Remember once approved you have 6 months before you have to come to the US . You will hopefully have her visa in that amount of time. You could even contact the consulate and ask them to delay your interview until her petition catches up.

Ya, is possibly to get an expedite, at this stage. The 'steps' are similar to what this VJ member did - http://www.visajourney.com/forums/topic/259676-stepson-i-130-mothers-pending-aos/

However, your husband could have included 'expedite request' in the initial I-130 submittal, as well, similar to http://www.visajourney.com/forums/topic/255138-k3-k4-visa-converted-to-cr-1-by-national-visa-center/page__p__3918125#entry3918125

Suggest to OP that you suggest to yer husband to follow the steps that CJBrainer did, to request the expedite at this stage (after I-130 submittal).

Good Luck to you !