Jump to content
Frank&Dee

Special Needs Children - Can't leave them behind while I file petition abroad...what can I do?

By Frank&Dee in IR-1 / CR-1 Spouse Visa Process & Procedures

 Share

9 posts in this topic

Recommended Posts

Frank&Dee Newbie

Frank&Dee   0

Posted
Filed: Other Country: Philippines
 Timeline
Posted (edited)

My husband filed my I130 (for CR1) thinking that one application includes me and the kids (both with some degree of special needs). I finally got my case approved only to find out that the petition only applies to me. I was told by a visa assistance center here in the Phils that I would have to leave them behind while I petition them myself in the US. I have no one with whom I can leave my kids behind for such a long time, is there anything I can do? Please please help me.

Edited by FrankandDidiHall
apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted (edited)

Are the kids also your husband's biological children? Or are they his step-kids?

If stepkids and you married before their 18th birthdays, your husband can file i130 for them. They will be CR2.

In the meantime, you can delay your case for up to a year in the NVC stage while you're waiting for your kids' i130 approvals.

Edited by apple21

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

Frank&Dee Newbie

Frank&Dee   0

Posted
Filed: Other Country: Philippines
 Timeline
  • Author
Posted

Thank you so much Apple21!!! They're both my kids- my husband's stepsons. The eldest was 18 when we got married so that means he can't be CR2 :-( My second son is 15 yrs. so that means he can be filed for CR2. I guess we really would be separated - that would break our hearts, I don't even know If I can actually leave them behind. What happens to my eldest then?

apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

Your eldest does not qualify for CR2. You will have to file for him yourself. He will be under the F2A category (unmarried child of LPR). Waiting time could be more or less a year depending on the movement of the visa bulletin.

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

What you can do is Hubby files the Cr2 for the younger child You come to the US, File the petition for the other son , Get a returning resident paper ( lets you be out of the US for over a year ) and return home to wait for the petitions to get approved. You could file for both children actually .

This will not be over quickly. You will not enjoy this.

Kaylara Proficient

Kaylara   814

Posted
Filed: IR-1/CR-1 Visa Country: Netherlands
 Timeline
Posted

If they're special needs, is there any way they could get an expedite on humanitarian grounds? Just wondering.

3/25/2006 - Got Married

3/20/2013 - I130 Priority Date
11/6/2013 - Transferred to Nebraska
1/3/2014 - NOA2
1/6/2014 - Petition shipped to NVC
1/21/2014 - NVC Received
2/24/2014 - Case # & IIN
3/3/2014 - DS-261 Available and Submitted
3/4/2014 - AOS Fee Available and Submitted
3/5/2014 - AOS Fee Paid
3/6/2014 - Received AOS Coversheet and Payment Receipt
3/7/2014 - AOS Package Sent
3/10/2014 - NVC Receives AOS package
3/12/2014 - NVC Acknowledges receipt of AOS package
3/21/2014 - Triangle of Doom appears for IV package
3/24/2014 - IV Fee Available and Submitted
3/25/2014 - IV package overnighted to the NVC
3/26/2014 - IV Fee shows PAID
3/26/2014 - DS260 available & submitted
3/26/2014 - IV package delivered to NVC
3/26/2014 - False checklist for IV fee.
3/26/2014 - AOS documents accepted w/no checklists!
3/28/2014 - IV & DS260 logged into NVC System
4/10/2014 - Case Complete!

Interview Date: June 17, 2014

Approved at Interview!

POE Newark on 6/28/2014! He's finally home!

Got a pending I-130? Tired of waiting for something to happen? Let's make something happen: http://www.visajourn...ners-committee/

We need more Twitter followers:@USCI130Cmte

Join our Facebook Group! https://www.facebook.com/groups/USGreencardpetitionerscommittee/

dwheels76 Grand Master

dwheels76   5,486

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

Thank you so much Apple21!!! They're both my kids- my husband's stepsons. The eldest was 18 when we got married so that means he can't be CR2 :-( My second son is 15 yrs. so that means he can be filed for CR2. I guess we really would be separated - that would break our hearts, I don't even know If I can actually leave them behind. What happens to my eldest then?

Just have husband file now for your son's you can wait at NVC for them and request USCIS expedite your son's pettions to get caught up with you. Hopefully you can be approved under 30 days. So file ASAP.

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

Frank&Dee Newbie

Frank&Dee   0

Posted
Filed: Other Country: Philippines
 Timeline
  • Author
Posted

Just have husband file now for your son's you can wait at NVC for them and request USCIS expedite your son's pettions to get caught up with you. Hopefully you can be approved under 30 days. So file ASAP.

Thank you all for your response and input!!! My husband and I are contemplating on getting an immigration lawyer who holds office both here and in New York whom we have looked up and seem to have a very good track record. We are absolutely heartbroken over the news and are hoping and praying that our eldest son (very mild mannered and caring - he can really crush a proud person's heart) would never have to undergo such trauma of long separation.

Thank you all for your response and input!!! My husband and I are contemplating on getting an immigration lawyer who holds office both here and in New York whom we have looked up and seem to have a very good track record. We are absolutely heartbroken over the news and are hoping and praying that our eldest son (very mild mannered and caring - he can really crush a proud person's heart) would never have to undergo such trauma of long separation.

We will definitely share this journey with you....

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

If the older one was already 18 your husband can NOT file for him. You have to and as an LPR there is a wait for a visa number Were you in an area affect by the storm ? Could you get one of the expedites based on that ?

This will not be over quickly. You will not enjoy this.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...