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Dharone17

I-130 filed for the spouse, but did not include the stepson

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Filed: Other Country: China
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I understand what you trying you say, but he did not file for the stepson only the spouse. So the spouse then probably petition her son later on.

No, the USC needs to file a petition for the stepson, now. Then, if they want to travel together, he waits for the stepson's petition to be at NVC before proceeding with the spouse's case at NVC.

They made a mistake. Your solution would mean the mother and 7 year old son would be living in different countries for a few years. Not likely the solution being sought.

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That child could have and I think still can migrate with biological parent, if separate I-130 is filed timely by step parent. There is no derivative category for immediate relatives of the USC, and they don't have numerical limitations. for example if you are USC and want to sponsor your parents, you have to file separate I-130 for your mother and father.

Immediate relatives (by USCIS):

Immediate relatives are: spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older.

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Thank you all for your responses. I showed my friend all your responses and they think they did a mistake not including the stepson with the petition for the wife. Whatever the issue with the other biological parent is i dont know. So now they thinking to petition the stepson later on including the wife' mother who is a widowed.

I know the situation they have is a bit complicated and I thank you on his behalf for giving information that he needs to know.

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Filed: Citizen (apr) Country: Hungary
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Thank you all for your responses. I showed my friend all your responses and they think they did a mistake not including the stepson with the petition for the wife. Whatever the issue with the other biological parent is i dont know. So now they thinking to petition the stepson later on including the wife' mother who is a widowed.

I know the situation they have is a bit complicated and I thank you on his behalf for giving information that he needs to know.

Wife (I am assuming she's the intending immigrant) can only file for her mother after she becomes a USC.

Son/stepson could be petitioned for by the USC stepfather at any time (assuming that the issue with the other parent's consent for the child's immigration can be resolved).

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: Citizen (apr) Country: Hungary
Timeline

Thank you all for your responses. I showed my friend all your responses and they think they did a mistake not including the stepson with the petition for the wife. Whatever the issue with the other biological parent is i dont know. So now they thinking to petition the stepson later on including the wife' mother who is a widowed.

I know the situation they have is a bit complicated and I thank you on his behalf for giving information that he needs to know.

There is NO "including". A separate petition has to be filed for the stepson, regardless of the timing. Even if they were filed for at the same time, it always would have been two separate I-130s. One for the wife, another one for the stepson.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Yes the wife is the intending immigrant the husband is the USChinese. I know they need to file separate petition but what happened is he only filed for the wife and it's approved by USCIS now going to NYC. So does he need to file for i130 for the stepson now because I know there's is an issue with the stepson dad who doesn't want him to leave. That is why they did not include the stepson on the petition. Now if the wife is here already and adjusted her status then she will file for her son and mother. This is what my understanding from him.

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Filed: Other Country: China
Timeline

Thank you all for your responses. I showed my friend all your responses and they think they did a mistake not including the stepson with the petition for the wife. Whatever the issue with the other biological parent is i dont know. So now they thinking to petition the stepson later on including the wife' mother who is a widowed.

I know the situation they have is a bit complicated and I thank you on his behalf for giving information that he needs to know.

Based on your wording, you still don't understand. They don't include the stepson with the petition for the wife. They needed to file two petitions, not one. They can file the one for the child now, and just hold on the mother's case until the son's catches up.

For all, this is why you see me post so often about how critical it is to carefully study the instructions for each form. The instructions for the I-130 make this quite clear.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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I know that they have to file separate for the wife and the stepson. But he did not. He only filed for the wife. As for my understanding is the wife is just gonna wait for her to adjust and will file for the son later on. When I said did not include I mean only 1 i30 is filed for the wife. Whatever reasons why they did not file for the stepson I don't know.

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Filed: Other Country: China
Timeline

Why don't you ask? I doubt they plan to leave the 7 year old behind in another country. They wife will not adjust status. Unless they want to be separated for several years, they need to file an I-130 for the child now.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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They said that the other biological parent does not want the son to leave and won't sign anything. I don't know what he's reason and issues with. So he petition his wife and just plan to petition the son together with the wife's mother later on. They know that they will be separated for years but the other parent is being selfish for not letting the son to leave. Atleast if it is the wife who will petition for her son and the mom then it is more reasonable maybe the other parent will let him. I don't know what the other parent is thinking but for me he's being ridiculous. That's why they have issues with that and only files for the wife

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Filed: Other Country: China
Timeline

Bingo

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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They said that the other biological parent does not want the son to leave and won't sign anything. I don't know what he's reason and issues with. So he petition his wife and just plan to petition the son together with the wife's mother later on. They know that they will be separated for years but the other parent is being selfish for not letting the son to leave. Atleast if it is the wife who will petition for her son and the mom then it is more reasonable maybe the other parent will let him. I don't know what the other parent is thinking but for me he's being ridiculous. That's why they have issues with that and only files for the wife

What country?

Why do you think the father is being ridiculous for not wanting his child to live in another country? Why would he not have a say so in this?

Both parents have rights. Would you allow your child to live in another country without your approval?

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Philippines. They ask him nicely, he just don't want to sign. For me if you are thinking about your child better future you wouldn't be selfish. He doesn't have a job he does not support the child, myou friend support the wife and son since he was 3yrs old. All they ask is for that approval but he don't want to give it to them. Now you tell me if that is right. My friend took care of them before they even married. The son calls him dad more than the biological father. I said what I said because I don't think my friend did something wrong but to take care of his family.

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Filed: Citizen (apr) Country: Hungary
Timeline

Was the mother in question ever married to the father of his son? I'm asking because in the Philippines an unwed mother automatically has full custody over her children, so if they were never married, the father's permission would NOT be required.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Share on other sites

 
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