Separate or Together?

[Nata NV 4]

Hi, friends.

Have I filed separate petition for my stepdaughter if she comes to USA with my wife?

USSIS said by telephone at first: "You don't need separate petition."

Then NVC said by telephone: "Your stepchild need separate petition."

So we sent petition for daughter when we have got NVS case number and paid AOS fee for wife.

Now I create timeline on VJ for child and don't see CR2 type petition in list. So I have doubt again. What way is correct?

Thank for your help.

[Hypnos 6,579]

Immediate relative petitions do not permit derivative beneficiaries. This means that each intending immigrant (child or adult) needs an I-130 filed on their behalf.

Edited June 19, 2014 by Hypnos

[NikLR 13,234]

Your step-daughter needed her own petition. Unless you want her traveling separately from her mother stop doing anything at the NVC in regards to the mother's visa and wait for the child's petition to catch up. Did you send a copy of the mother's NOA2 with the petition and ask for an expedite so the child will not be alone in the home country? Once you have NOA1 from the child's petition, call the USCIS and speak to a tier 2 and explain the situation. The petition may still take a few months.

[aaron2020 11,652]

The USCIS MisInformation Line is wrong.

You need separate I-130s for your wife and stepchild.

[Nata NV 4]

Your step-daughter needed her own petition. Unless you want her traveling separately from her mother stop doing anything at the NVC in regards to the mother's visa and wait for the child's petition to catch up. Did you send a copy of the mother's NOA2 with the petition and ask for an expedite so the child will not be alone in the home country? Once you have NOA1 from the child's petition, call the USCIS and speak to a tier 2 and explain the situation. The petition may still take a few months.

Thank NLR for your advise. I thought to delay wife's NVC process. What time I have for delay a visa fee? I sent AOS paсkage, but not paid wife's visa fee. I have another idea. If my AOS has mistakes, it's good to send my AOS without delay. So I did it.

[NikLR 13,234]

Thank NLR for your advise. I thought to delay wife's NVC process. What time I have for delay a visa fee? I sent AOS paсkage, but not paid wife's visa fee. I have another idea. If my AOS has mistakes, it's good to send my AOS without delay. So I did it.

You should have waited to pay the AOS fee. Then you would have only had to pay it once.

Nothing should have mistakes if you have the time to do this. You can delay each contact with the NVC for up to 1 year. So you do not have to send the AOS package yet, you'll just have to send your step-daughter's separate so don't waste your time.

Don't pay the IV bill until your step-daughter's petition makes it to the NVC.