Immigrating stepson from Canada

[ValPrime 1]

Ok..this is gonna be kind of lengthy but I want to tell the whole background so someone can hopefully help me or share same experience.

Will try and keep it straight to the point though, lol

I sent in an I-130 for my husband (Canadian) and on there I listed that he had a 5 yr old son. At that time his son was not gonna immigrate over with him because his ex-wife did not approve. When the case finally made it to the NVC.....his ex-wife has decided she can not handle her son on a full-time basis. My husband has full custody since their divorce. I made an infopass appointment at my local USCIS office (Tampa, Fl) and brought this up to them. The gentlemen told me since I listed the child on the original I-130 I did not need to file a separate I-130 for the child (though everything I read tells me otherwise). He instructed me to do this....."when the case is received at the Montreal consulate, contact them and let them know that the child will be accompanying his father into the US". Well....that time as come as we now have an interview date set for May30th. I emailed the consulate and have not heard back yet (I know it can take a week or 2 for reply). The ex-wife has signed a letter stating she gives permission for the child to come to the US, and I have made "packets" for the child (I-130, DS-230, I-864) because I am trying to be prepared. My fear is the consulate will say we need to mail the I-130 into the USCIS in the states and he wont be able to immigrate with his father and his mother can not keep him. Does anyone have any advice for me or has anyone gone through this??

I believe I included everything but I can provide further clarification if needed

So nervous....I don't want anything to hold us up when we have waited so long for the finish line

[canadian_wife 1,829]

I believe that the child needs its own petiion. I hope this is not the case for you.

good luck

[Ontarkie 14,856]

~~~~Moved to IR-1 / CR-1 Spouse Visa Process & Procedures, from Bringing Family members of US Citizen to America, as the OP's Husband has not yet immigrated to the US they would still be following this process~~~~

[hikergirl 277]

My husband had to file the I-130 packet for me and a smaller I-130 packet for my daughter.

I haven’t heard anywhere on the board or elsewhere that it can be done any other way.

If you talk to a USCIS Supervisor and explain the situation, they may give you other advice and/or they may be able to expedite the child’s petition to “catch up” with the dad’s.

Edited April 15, 2013 by hikergirl

[Ryan H 3,856]

I made an infopass appointment at my local USCIS office (Tampa, Fl) and brought this up to them. The gentlemen told me since I listed the child on the original I-130 I did not need to file a separate I-130 for the child (though everything I read tells me otherwise). He instructed me to do this....."when the case is received at the Montreal consulate, contact them and let them know that the child will be accompanying his father into the US".

The person you spoke with gave you grossly inaccurate information; a separate I-130 needs to be filed for your stepson. If you haven't already done so, file one immediately and request an expedite on the basis of USCIS error.

[ValPrime 1]

Ugh....those answers are what I feared. I will call and see if I can speak to a supervisor and research how to request the childs I-130 to be expedited.

If by any chance the childs can not be "caught up" to his dads....can the child (since he is only 5) come to the states anyway while everything is going through the process?

Thank you so much for the help

[NikLR 13,232]

He can certainly visit I would think.

[ValPrime 1]

Ok......this morning I called and talked to a supervisor.....yes the gentlemen was completely wrong, grrrrrr. He instructed me to send in the I-130 for stepson....then when it is received call and request an expedite. I told him I was going to ask for him, lol. He was very nice. I am very aggravated by all this. I could of filed this back in February if I had been given correct information. The packet for my stepson is now at the post office and I paid for next day delivery. I am hoping and praying it can catch up in time for May 30th interview. The supervisor on the phone said it should be able to since it is a child but then again, hope he didn't just say that to satisfy me at the time. Will keep you updated. *sighs*

[Ms Hogan 295]

I hope they will grant the expedite for you. I don't know how it works with a request like this.

[ValPrime 1]

Update.....my I-130 packet arrived to lockbox on Friday but have not received a receipt number yet. I just got off the phone with my local Congressmans office and they will help after I send them back the release form they are emailing me......I guess email is a lot like a pot of water.....a watched pot takes longer to boil.....so a watched email account takes longer to receive an email, lol

*sighs* the stress.......

[Ms Hogan 295]

At least they said they're going to try to help! You should have a receipt number in a few days! Hopefully very soon.

[ValPrime 1]

I need your advice......Last week when I started this post and got worried with the replies I went online and made an Infopass apt for this Thursday. Since I am waiting to get my receipt number and I have enlisted the help from my congressman.....should I cancel this appointment or is it good to "show my face"? I work the next 2 days (12 hour shifts) so if I should cancel then I need to do that today and I am not real sure what I should do. I just don't want to make an hour trip to an appointment that isn't needed.

Thank you in advance

[hikergirl 277]

I’m really not sure what you could get out of an InfoPass appointment at this point in time.

I would think it would be a complete waste of your time.

Our InfoPass appointments were pretty useless and our files were AT the local office. The only thing I got out of them was that the paperwork that we’d couriered to them had made it in my file.

[ValPrime 1]

That was my thinking also.....thank you so much for the reply

[Sweetcheeksss 91]

My son's I-130 package was a few months behind mine. I had an interview date too, so my husband requested an expedite through his state's immigration liaison. She was able to get the expedite granted (wasn't much to it cause he was a child) and he was bumped up to match my interview appointment.