USCIS Not included my young son HELP please.

[Michelle1728 0]

Greetings . Can anybody advise me please. My husband Applied for a spouse visa (my husbands american) Dec 2016. We were advised by an NVC employee that my son who is 8 years old (stepson to my husband) can go under my I-30 petition. So we filed documents. This was wrong information. He should have had a separate petition for him. So when we realised 11 months later  we called an adviser at the USCIS who advised us to fill out a new I-130 for my son with a letter attached requesting it is appended to his mothers case. So we followed orders. We called for an update 3  months later to be told it's still in a queue to be looked at. 2 months later we got a letter to say they will be scheduling my interview. So 2 weeks ago I have that letter to say my interview is in July. Trouble is MY SON is not included. He's been totally missed off. Does this mean he can't go for a medical? I assume so. I've tried to talk to a Human Being at the USA Embassy which I find impossible. Does anybody have a number where you can talk to some one. I have emailed them.  They have told me he isn't included and my husband may file an immigrant visa petition on his behalf with the US Immigration services. How long will this take? Anybody who can advise... I'll be very grateful. 

[Georgia16 2,858]

So when did you send in the petition for the son?

 

Your wife can drag out her case while waiting for the sons to be approve so they can do medical and interview together.

[geowrian 22,344]

They are correct that a separate I-130 is needed for the immediate relative category (no derivatives are available). While the request to have the I-130 attached to yours may have been sent, it really is an entirely separate petition and visa. I concur with @Georgia16 that the best course may be to hold off on your case until his is ready to process as well. Or you could proceed and get your visa, then wait for him before entering the US, but he would need his own medical and a separate visa interview.

[Michelle1728 0]

40 minutes ago, Georgia16 said:

So when did you send in the petition for the son?

 

Your wife can drag out her case while waiting for the sons to be approve so they can do medical and interview together.

We sent a new 1-130 in January and wrote asking If they could append it. 

 

[Georgia16 2,858]

Just now, Michelle1728 said:

We sent a new 1-130 in January and wrote asking If they could append it. 

 

So it's about half way there at least so drag your wife case out.

[Michelle1728 0]

Would we not be successful applying for a expedite petition as we've been advised incorrectly. 

[Mollie09 1,545]

Just now, Michelle1728 said:

Would we not be successful applying for a expedite petition as we've been advised incorrectly. 

No, they won't consider you for an expedite for this.

[Michelle1728 0]

Okay thank you for your advise. So really another year of waiting on their mistake. My interview took a year to arrive. 

 

I was told by A person in new York that works for an immigration lawyer to enter my son on an esta visa and I enter with my immigration papers. This sounds risky. 

[geowrian 22,344]

1 minute ago, Michelle1728 said:

Would we not be successful applying for a expedite petition as we've been advised incorrectly. 

You can try, but being advised incorrectly by NVC is highly unlikely to make any movement. They are not permitted to give legal advice, so proving they did otherwise (and it wasn't just a misunderstanding) would be incredibly difficult.

[Michelle1728 0]

Sorry *my interview took 18 months. 

[geowrian 22,344]

Just now, Michelle1728 said:

Okay thank you for your advise. So really another year of waiting on their mistake. My interview took a year to arrive. 

 

I was told by A person in new York that works for an immigration lawyer to enter my son on an esta visa and I enter with my immigration papers. This sounds risky. 

Regardless of what an employee said, it is still considered your mistake.

 

Not only risky, it's illegal - visa fraud. He can visit on an ESTA. It is fraud to enter with the intent to stay.

[Michelle1728 0]

Thank you. I thought the same. So my next step it to ensure USCIS is processing my sons petition and inform us Embassy to hold off my interview? 

[Wuozopo 4,294]

3 hours ago, Michelle1728 said:

Would we not be successful applying for a expedite petition as we've been advised incorrectly. 

I wouldn't just roll over and play dead without trying something. It may possible to get his approved petition to be sent immediately to London and skip that drawn out NVC processing. He would be processed like the DCF and K1 filers where all paperwork (affidavit of support, birth certificate, etc) are taken to the interview which you schedule yourself online. And should you need to adjust your interview and push it back a month or so, that can be done online by you. 

 

Here is the contact form for the embassy. No phone communication. https://uk.usembassy.gov/visas/visa-information-services/contact-us-immigrant-visas/u-s-embassy-london-visa-unit-contact-form/  Choose the next to last reason.

Explain you have already been assigned an interview by the NVC  but your son's case is lagging way behind. Ask if there is a way they can request his file to be transferred to London for consular processing instead of NVC processing, so you can finish together. Give all pertinent dates and case numbers so they can look you both up. Worth a try. 

[Michelle1728 0]

Thank you very much! :-) 

[JFH 12,196]

Just double checking that you also have permission from the birth father to take your son out of the U.K.?