f2a to ir2 question

[DungX 1]

my wife got an interview on march 24, 2014, she was automatcially upgrade to ir1 but my child petition is still at nvc. my question is do i still have to pay for my child IV and AOS fees again since i already paid when she was in f2a? both the mother and daughter name was on the interview paper except my daughter derivative under her mom case. i dont know what to do......been hassling in vietnam back and forth with no results called NVC they take forever .

[bdawn 66]

Since your family (wife and child) are upgraded to IR-1/IR-2 (immediate relative), you now have to file a separate petition (i-130) for your child. The child no longer qualify for derivative status. You'll have to submit i-130, pay the fee. When approved, you'll have to pay the fee at NVC level as well...sorry for the bad news but that's the reality and there is no way around it.

[DungX 1]

Since your family (wife and child) are upgraded to IR-1/IR-2 (immediate relative), you now have to file a separate petition (i-130) for your child. The child no longer qualify for derivative status. You'll have to submit i-130, pay the fee. When approved, you'll have to pay the fee at NVC level as well...sorry for the bad news but that's the reality and there is no way around it.

well when it was f2a i file 2 seperate petition which were approve so do i have to call nvc and tell them to expedite my daughter case back or what?

[bdawn 66]

well when it was f2a i file 2 seperate petition which were approve so do i have to call nvc and tell them to expedite my daughter case back or what?

I don't know why you filed a separate i-130 for your child for an f2a petition. Usually you file for your wife and list your child on the petition, though you're required to pay the fee for both. If you really filed a separate i-130 for both your wife and child, then yes, call NVC and let them know you're now a citizen to expedite your child's case. I am wondering as to whether you have just forgotten with regards the separate petitions. If you only filed for your wife and listed your child when she was f2, then you're required to file a separate form i-130 for your child since your wife's petition has been upgraded to IR.

[DungX 1]

I had the baddest luck! When i had my citizenship my wife's case with my child under her as derivative was already on its way to the US CONSULATE in vietnam. But yea lawyer knew i was going to get citizenship so he filed 2 seperate petition. Im just wondering y NVC dont send my daughter case back.