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HUBBY VISA DENIED STILL WAITING 4 USCIS CAN FILE FOR MY STEP KIDS

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Hello Everyone,

its been 8 months since my hubby was denied visa in Lagos and petition returned to USCIS. Ihave been through a whole lot since then.

Can i file for my step kids? if so what and where should i start?

Thank you.


JOURNEY ON

USCIS

2012-12-20 - Marriage
2013-09-10 - I-130 Sent
2013-09-13- Notice of Action 1 (NOA1)
Priority Date : 2013-09-13
2013-12-30- RFE RECEIVED
2014-01-25- RFE RESPONDED TO VIA MAIL
2014-01-27- RFE ACKNOWLEDGED AND PUT IN REVIEW
2014-02-24 - Notice of Action 2 (NOA2)
2014-03-04 - NVC RECEIVED
2014-04-03 - NVC CASE NUMBER RCVD
2014-04-07 - DS 261 FILLED N SUBMITTED
2014/04/09 - AOS bill Available and paid
2014/04/09 - IV bill available and paid
2014/05/07 - AOS & IV PACKAGE SENT TO NVC
2014/05/07 - DS 260 SUBMITTED
2014/05/09 - NVC ACKNOWLEDGED RECEIPT OF PACKAGE
2014/08/15 - Case Complete
CONSULATE
09/16/14 : Medical
11/12/14 : Interview AND DENIED
xx/xx/xx : Visa in hand
xx/xx/xx : POE
"KEEP THE FAITH..."

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Hello Everyone,

its been 8 months since my hubby was denied visa in Lagos and petition returned to USCIS. Ihave been through a whole lot since then.

Can i file for my step kids? if so what and where should i start?

Thank you.

You can but it would be a very hard process without the parent being there or you not have lived with them. But the process is the same. You have to file for them Each child has their own I-130 you need their Birth certificate also and also custody papers from the parent now parents (both) giving you authority to immigrate to US to be with you. If husband was with you it would only have been the mother you would have needed documents for. But now you need fathers also.

USCIS is asking for these papers upfront. I would seek a lawyer for this.


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Hello Everyone,

its been 8 months since my hubby was denied visa in Lagos and petition returned to USCIS. Ihave been through a whole lot since then.

Can i file for my step kids? if so what and where should i start?

Thank you.

My question is why was he denied and why have you not answered the NOID/NOIR letter they should have send you by now ?

Did you respond to the USCIS NOID/NOIR or did you ignore it ?


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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My question is why was he denied and why have you not answered the NOID/NOIR letter they should have send you by now ?

Did you respond to the USCIS NOID/NOIR or did you ignore it ?

Hi,

Ebunoluwa thanks for your concern. USCIS got the case file from NVC since February but are yet to send the NOID.

Hopefully soon.


JOURNEY ON

USCIS

2012-12-20 - Marriage
2013-09-10 - I-130 Sent
2013-09-13- Notice of Action 1 (NOA1)
Priority Date : 2013-09-13
2013-12-30- RFE RECEIVED
2014-01-25- RFE RESPONDED TO VIA MAIL
2014-01-27- RFE ACKNOWLEDGED AND PUT IN REVIEW
2014-02-24 - Notice of Action 2 (NOA2)
2014-03-04 - NVC RECEIVED
2014-04-03 - NVC CASE NUMBER RCVD
2014-04-07 - DS 261 FILLED N SUBMITTED
2014/04/09 - AOS bill Available and paid
2014/04/09 - IV bill available and paid
2014/05/07 - AOS & IV PACKAGE SENT TO NVC
2014/05/07 - DS 260 SUBMITTED
2014/05/09 - NVC ACKNOWLEDGED RECEIPT OF PACKAGE
2014/08/15 - Case Complete
CONSULATE
09/16/14 : Medical
11/12/14 : Interview AND DENIED
xx/xx/xx : Visa in hand
xx/xx/xx : POE
"KEEP THE FAITH..."

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You can but it would be a very hard process without the parent being there or you not have lived with them. But the process is the same. You have to file for them Each child has their own I-130 you need their Birth certificate also and also custody papers from the parent now parents (both) giving you authority to immigrate to US to be with you. If husband was with you it would only have been the mother you would have needed documents for. But now you need fathers also.

USCIS is asking for these papers upfront. I would seek a lawyer for this.

Thanks Dwheels. having his daughter with me will really comfort me in this hard and lonely times. I will have a word with my hubby and i will ask a lawyer too as u advised.

It gives me hope that having them over will comfort and strenghten us in this time


JOURNEY ON

USCIS

2012-12-20 - Marriage
2013-09-10 - I-130 Sent
2013-09-13- Notice of Action 1 (NOA1)
Priority Date : 2013-09-13
2013-12-30- RFE RECEIVED
2014-01-25- RFE RESPONDED TO VIA MAIL
2014-01-27- RFE ACKNOWLEDGED AND PUT IN REVIEW
2014-02-24 - Notice of Action 2 (NOA2)
2014-03-04 - NVC RECEIVED
2014-04-03 - NVC CASE NUMBER RCVD
2014-04-07 - DS 261 FILLED N SUBMITTED
2014/04/09 - AOS bill Available and paid
2014/04/09 - IV bill available and paid
2014/05/07 - AOS & IV PACKAGE SENT TO NVC
2014/05/07 - DS 260 SUBMITTED
2014/05/09 - NVC ACKNOWLEDGED RECEIPT OF PACKAGE
2014/08/15 - Case Complete
CONSULATE
09/16/14 : Medical
11/12/14 : Interview AND DENIED
xx/xx/xx : Visa in hand
xx/xx/xx : POE
"KEEP THE FAITH..."

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Each I-130 is seen as a stand alone case. You would be basing the child's case on marriage to the father. I know the link below is not the same issue as your case, but it may offer you some insight/hope. I would show the link to an attorney and see if there are any related cases. I also second what Dwheels said. :)

http://www.szetolaw.com/content/mothers-previous-marriage-fraud-does-not-bar-her-childs-visa-petition-stepchild

This thread should also be helpful to you:

http://www.visajourney.com/forums/topic/363683-stand-alone-i-130-for-stepchildren/

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Hi,

Ebunoluwa thanks for your concern. USCIS got the case file from NVC since February but are yet to send the NOID.

Hopefully soon.

You should hear from USCIS with the NOID at any time. I would focus more on answering the letter and having lots of additional

evidence to submit with it. Then USCIS will send your case back to the consulate with recommendation to approve the visa.

Sometimes this happens without them sending a NOID letter, so check periodically where your case is, call your senator for a senatorial inquiry.

It may complicate things more if you add another petition into the mix now.

I would just sit tight and wait out your husbands visa first.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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How old are the children? What about the mother?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Moved from IR-1/CR-1 Progress Reports to Brining Family Members of US Citizens to America forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Each I-130 is seen as a stand alone case. You would be basing the child's case on marriage to the father. I know the link below is not the same issue as your case, but it may offer you some insight/hope. I would show the link to an attorney and see if there are any related cases. I also second what Dwheels said. :)

http://www.szetolaw.com/content/mothers-previous-marriage-fraud-does-not-bar-her-childs-visa-petition-stepchild

This thread should also be helpful to you:

http://www.visajourney.com/forums/topic/363683-stand-alone-i-130-for-stepchildren/

thank u so much that was quite helpful. Not the same though but it sure gives us comfort and hope. Thanks Ochii.


JOURNEY ON

USCIS

2012-12-20 - Marriage
2013-09-10 - I-130 Sent
2013-09-13- Notice of Action 1 (NOA1)
Priority Date : 2013-09-13
2013-12-30- RFE RECEIVED
2014-01-25- RFE RESPONDED TO VIA MAIL
2014-01-27- RFE ACKNOWLEDGED AND PUT IN REVIEW
2014-02-24 - Notice of Action 2 (NOA2)
2014-03-04 - NVC RECEIVED
2014-04-03 - NVC CASE NUMBER RCVD
2014-04-07 - DS 261 FILLED N SUBMITTED
2014/04/09 - AOS bill Available and paid
2014/04/09 - IV bill available and paid
2014/05/07 - AOS & IV PACKAGE SENT TO NVC
2014/05/07 - DS 260 SUBMITTED
2014/05/09 - NVC ACKNOWLEDGED RECEIPT OF PACKAGE
2014/08/15 - Case Complete
CONSULATE
09/16/14 : Medical
11/12/14 : Interview AND DENIED
xx/xx/xx : Visa in hand
xx/xx/xx : POE
"KEEP THE FAITH..."

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How old are the children? What about the mother?

The kids are aged 13,10 and 6.


JOURNEY ON

USCIS

2012-12-20 - Marriage
2013-09-10 - I-130 Sent
2013-09-13- Notice of Action 1 (NOA1)
Priority Date : 2013-09-13
2013-12-30- RFE RECEIVED
2014-01-25- RFE RESPONDED TO VIA MAIL
2014-01-27- RFE ACKNOWLEDGED AND PUT IN REVIEW
2014-02-24 - Notice of Action 2 (NOA2)
2014-03-04 - NVC RECEIVED
2014-04-03 - NVC CASE NUMBER RCVD
2014-04-07 - DS 261 FILLED N SUBMITTED
2014/04/09 - AOS bill Available and paid
2014/04/09 - IV bill available and paid
2014/05/07 - AOS & IV PACKAGE SENT TO NVC
2014/05/07 - DS 260 SUBMITTED
2014/05/09 - NVC ACKNOWLEDGED RECEIPT OF PACKAGE
2014/08/15 - Case Complete
CONSULATE
09/16/14 : Medical
11/12/14 : Interview AND DENIED
xx/xx/xx : Visa in hand
xx/xx/xx : POE
"KEEP THE FAITH..."

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