Underage son separate filing ? I-130

[serendipity02 2]

Hi, I have a question!

My brother recently filed for his family to come to the US  but before I get to my question here is a little bit of the situation. They got married in October 2015 after 8 years of being together and they have a 7 year old son which he declared on the form I-130 and include all evidence proving he is the father. December 2016 he received NOA 1 from USCIS that they received his petition but the name of his son is not indicated only his wife so we are concerned that his son will not be included in the petition. my question is that.. does my brother need to file a separate I-130 for his underage son ? I have read somewhere that underage child is automatically included in the petition as long as they are declared on the form.. PLEASE HELP so we could take action asap..

 

BTW. my brother is a green card holder not a US citizen

 

Thanks

[Unlockable 7,306]

Yes, the child HAD to be declared in order to be included with his wife's petition. On the forms it even ask for information on all children even if they are coming with the parent or not. DOn't know why he did not include his son.

 

He will have to file for a separate petition for his son. Will take 1.5 - 2 years because he is an LPR and not a citizen.

[serendipity02 2]

10 minutes ago, NuestraUnion said:

Yes, the child HAD to be declared in order to be included with his wife's petition. On the forms it even ask for information on all children even if they are coming with the parent or not. DOn't know why he did not include his son.

 

He will have to file for a separate petition for his son. Will take 1.5 - 2 years because he is an LPR and not a citizen.

Thanks for your response. He DID include his son on the form but USCIS did not acknowledge it and only shows his wife on the notification. we are also aware of how long it will take but just want to know if a separate petition is needed for his son.  

[Unlockable 7,306]

Ah, ok.

 

Why did they not acknowledge the son? I would investigate that. Wonder if it was a mishap on USCIS.

[Ryan H 3,796]

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

[aleful 1,905]

HI

 

that's normal process, derivatives don't appear on any NOA's until the NVC stage, where they are separated as individual petitions

 

for now, the beneficiaries name will only appear, that happens for any category that has derivatives

 

 

[Lhanz0729 52]

If your brother is a USC I would assume that petition is not necessary for the kid.  He might need to file for CRBA.

 

 

Disregard my comment didnt notice you wrote that your brother is LPR

Edited January 20, 2017 by Lhanz0729
Disregard my comment didnt notice you wrote that your brother is LPR

[serendipity02 2]

On ‎1‎/‎19‎/‎2017 at 3:05 PM, aleful said:

HI

 

that's normal process, derivatives don't appear on any NOA's until the NVC stage, where they are separated as individual petitions

 

for now, the beneficiaries name will only appear, that happens for any category that has derivatives

 

 

HI, Thanks. so at this point all he has to do is wait then?

[serendipity02 2]

2 minutes ago, Lhanz0729 said:

If your brother is a USC I would assume that petition is not necessary for the kid.  He might need to file for CRBA.

He's a green card holder and not planning on applying for citizenship anytime soon.

[aleful 1,905]

 

 

 

hi

 

yep, not to worry or panic

 

 

[kuning 1]

That happened to our case. I just sent an email requesting my son to be included as beneficiary to the petition and soon enough they reply back with positive result. I dont know if it will work on ur case but u can try. Otherwise they can give u information on what u have to do.