Need Advice ASAP

[misterbigtoe 45]

I read a topic on NVC topic last night and Did not sleep.

As many of our friends here are aware, our CR1 has been approved. Have a friend who does immigration work prepare our USCIS package and got quick approval. Our step son was included on that petition as a derivative..........which afore mentioned friend said was correct because our son is only 4.

WRONG

Just talked to a NVC supervisor and she said that I have to file for our son a new I-130 petition CR/2. MMy darling wife is done with USCIS and AOS and IV fees are paid and packeages were goin in the mail today.

####### I am so uopset i cannot even tyope.........................no one at uscis or nvc thought that this was worth mention whtn every scrap of our sons documentation was included in the i-130? I know it is my responsibility but gaawdamighty wouldnt you think someone in the system would have the initiative to say " hey, there is a problem here"

Okay deep breaths...............................deep breaths

I am starting the CR2 I-130 right now.............................how can I expedite this through NVC, my wife is approved, do I just send our documents, our sons documents and the NOA2 for Bayaraa's approved CR1 or do I need to include all the relationship evidence too?

Sorry, I am trying to get this sent today

[RichiJenny 14]

You can email the NVC and attach the documents, I would also call them, too.

send to NVCinquiry@state.gov

in the subject line : ATTN: PI Supervisor Sue - EXPEDITE REQUEST-Case Number-Beneficiary Name-DOB-Petitioner- DOB

Then attach the supporting documents in your email as for example pdf files.

In the email state your reason for expediting.

I would also call them to place an expedite request / to make them aware that you are putting one in.

The above applies for going thru the NVC stage with an approved petition.

You could try and place an expedite request with the USCIS when you file the additional I-130

Edited January 4, 2011 by RichiJenny

[YuAndDan 153]

You can hold on sending the DS-3032 and I-864 to NVC, they will hold a case up to a year for you. Once USCIS sends child's case to NVC, then proceed with both cases.

And YES you need to send another I-130 for step child's CR-2 visa. The I-130 MUST be filed to USCIS it cannot be sent to NVC. Yes you need to attach all proper relationship evidence for step child, (Copy of marriage cert, Copies of divorce certs if any, copy of child's birth cert..

More: http://www.visajourney.com/content/childpet

You can email the NVC and attach the documents, I would also call them, too.

send to NVCinquiry@state.gov

in the subject line : ATTN: PI Supervisor Sue - EXPEDITE REQUEST-Case Number-Beneficiary Name-DOB-Petitioner- DOB

Then attach the supporting documents in your email as for example pdf files.

In the email state your reason for expediting.

I would also call them to place an expedite request / to make them aware that you are putting one in.

The above applies for going thru the NVC stage with an approved petition.

I think you will have to place an expedite request with the USCIS when you file the additional I-130

BUT I would check with the NVC or at least a Tier 2 at the USCIS.

Not quite correct, the child needs an approved visa petition from USCIS, the I-130 and documents need to go to USCIS FIRST.

[milimelo 4,503]

You can email the NVC and attach the documents, I would also call them, too.

send to NVCinquiry@state.gov

in the subject line : ATTN: PI Supervisor Sue - EXPEDITE REQUEST-Case Number-Beneficiary Name-DOB-Petitioner- DOB

Then attach the supporting documents in your email as for example pdf files.

In the email state your reason for expediting.

He first needs to submit the I-130 ande get it expedited through USCIS before contacting NVC. NVC can't do anything until USCIS has approved the petition.

OP, overnight that petition and make sure to mark the envolope and cover letter that you need this expedited. Also include the copy of NOA2 from your wife's case so they know it's waiting for it in NVC.

Best of luck and hope you are reunited with your family soon!

[RichiJenny 14]

I ammended my post to say just that, initially.

[YuAndDan 153]

Moving this to Bringing family to the USA, has to do with a petition for a step child, not a spouse petition.

[misterbigtoe 45]

He first needs to submit the I-130 ande get it expedited through USCIS before contacting NVC. NVC can't do anything until USCIS has approved the petition.

OP, overnight that petition and make sure to mark the envolope and cover letter that you need this expedited. Also include the copy of NOA2 from your wife's case so they know it's waiting for it in NVC.

Best of luck and hope you are reunited with your family soon!

Thanks to everyone for the lightning responses............Sorry for posting twice.................

Is it advisable to call USCIS too?..............Congressional reps involvement?

I am assuming no need for bonafides as that should be settled with the inclusion of NOA2

Thanks thanks thanks humbly

[YuAndDan 153]

Thanks to everyone for the lightning responses............Sorry for posting twice.................

Is it advisable to call USCIS too?..............Congressional reps involvement?

I am assuming no need for bonafides as that should be settled with the inclusion of NOA2

Thanks thanks thanks humbly

No need for bonafides. I would attach a cover letter requesting expedite, and a copy of I-130 NOA 2 letter for parents petition.

[misterbigtoe 45]

No need for bonafides. I would attach a cover letter requesting expedite, and a copy of I-130 NOA 2 letter for parents petition.

Thanks friends..............Please cross your fingers for us.

I-130 petition went out overnight about a half hour ago. CC'c package to my congressional staffer who is going to put in a call tomorrow. Text of request letter below.

USCIS

Attn: I-130

131 SouthDearborn - 3^rd Floor

Chicago, IL60603-5517

Petitioner/Sponsor: Erxxxxxxxxxxxxon, Stepfather/U.S.Citizen

Beneficiary: Munxxxxxxxxxxxxxxxxxxxxn,Minor Stepson/Mongolian Citizen

Reference: Case Number WAC 1xxxxxxxxxx7,beneficiary Bxxxxxxxxxxxxxxxxxxxxxon

Dear USCIS Officials,

I am pleading for expedited processing of the enclosed I-130 Petition for my minor stepson Mxxxxxxxxt. If not for the error o fa preparer, this petition would have been filed at the same time as the above referenced petition which was approved and transferred to NVC on December 9^th,2010. I am certain that this plea is warranted in three areas particularly when consideration is given to the fact that his mother's petition has already been adjudicated and approved.

Firstly, this is a humanitarian situation involving my young 4 year old son Mxxxxxat who is missing me his daddy terribly, a Daddy who is missing his son and wife terribly and a wife and mother struggling to keep up as a functionally single mommy. My son and I have spent a great deal of time together since my wife and I began this journey with him to be completedas a family. He is not a stepson to me nor am I a stepfather to him. I am daddy and he is my son. We talk every day yet he is becoming withdrawn and increasingly asking his mother why his daddy left, is his daddy coming back,why isn't daddy coming back, did I make daddy mad, did you make daddy mad and a hundred variations relating to why he and his daddy are so far apart. Each and every day added to the necessary delay is causing irreparable harm to my little boy. Now the error of a preparer in the preparation of my recently approved petition for my wife has just potentially added many months to the wait our son and we are all distraught.

Secondly, the financial costs of maintaining this long distance communication is crippling and each month added to the wait adds to the burden, but if my son's petition cannot be expedited, it is going to be necessary for me to travel to Ulaanbaatar and remain there for the duration of the immigration process. I will do this if necessary to mitigate the emotional harm to my family as we await interviews and immigration. Unfortunately, the economic effects of this will be devastating as I will have no ability to work while there and will thereby place the burden of support on my wife.

Lastly, I believe that when the petition was originally filed the fact that there was an erroneous assumption on my part of derivative beneficiary being available to my son should have been brought to my attention. In fact I did not know of the error until the immigrant Visa fee was payable online and only for a single beneficiary. The fact that there was an assumption of derivative beneficiary status was mentioned not only in the coverletter, but on the I-130 form and by the fact that a signed G-325 was prepared on our sons behalf as well as passport photos and a full complement of his identification with translations and photographs all of which were all included in that package. Had this erroneous assumption been addressed several months ago, both my wife and son's petitions would have been adjudicated on parallel timelines rather than having them adjudicated end to end. I believe that USCIS erred in disregarding the obvious intent of my wife and me which was to have their immigration cases processed concurrently.

I understand that the burden of following the correct procedure is on the petitioner. I understand also that the Director can exercise discretion in cases where even one of the above three criteria hasbeen met. I therefore ask that in this situation, the Director exercise his discretion and grant this plea for expedited processing with all due haste so that we may be reunited as a family at the earliest possible date.

The following forms and documentation are provided with this cover letter in support of my immediate relative immigrant petition.

x

x

x

x

Hope they have hearts.

hope this helps others

[misterbigtoe 45]

Just received the call from my Congressman's spokesperson. I-130 is approved and has been forwarded via 2nd day air to the NVC. They will have it Monday!

[americandiva 0]

Just received the call from my Congressman's spokesperson. I-130 is approved and has been forwarded via 2nd day air to the NVC. They will have it Monday!

Misterbigtoe......Thank you sooo much for the letter, and the you supplied me with. Wowzers I really needed that. what happen to me was ,I filed the papers under the old way;k-3,k-4 ,so the i-130 was approved first...but still . so, I just put my son's package together,along with the letter you sent me. So the end of the month I will mail off the the package with $420.00 fee.

[misterbigtoe 45]

Glad it helped someone else...........that is what VJ is about. Tailor that letter to suit your particular circumstance and it should help a lot. Do get your congressman or senator involved as well if possible.

That was our situation, had a friend who is a professional preparer who started the K-3/4 for us and then near filing time I opted to just go with the I-130 instead to save some money in the process as the processing time advantage of the fiance visa had evaporated. At the time did not realize that there was no derivative benefit for our son until the time came to pay the IV fee. The consequence escaped my friend too as she has never processed IR-1 petitions as all her past clients have opted for the K-visa instead.

It is traumatic when you realize that you have had a child dropped from the process and have to scramble to get things back on track.