IV visa

[nadler Howard 27]

I am waiting for an IV interview. Can I ask my US Citzen spouse to file for my Son even though i am not approve yet?

[geowrian 22,336]

How old is the son now and how old was he when you got married?

[nadler Howard 27]

25 minutes ago, geowrian said:

How old is the son now and how old was he when you got married?

He was 71 and now he will be 21 next year January.

[geowrian 22,336]

3 minutes ago, nadler Howard said:

He was 71 and now he will be 21 next year January.

I'm assuming that's 17. Or he has a time machine (which would be a huge help).

 

Yes, the USC spouse can petition for him since you married before he turned 18. Additionally, petitioning for him will freeze his age (see CSPA). ETA: ~12-14 months from petition being filed to interview.

If he files after your son turns 21, it's about a 6-7 year wait instead. If you file for him after coming to the US, it's about a 7-10 year wait. These all assume he is (and remains) unmarried.

Edited May 15, 2018 by geowrian

[nadler Howard 27]

3 minutes ago, geowrian said:

I'm assuming that's 17. Or he has a time machine (which would be a huge help).

 

Yes, the USC spouse can petition for him since you married before he turned 18. Additionally, petitioning for him will freeze his age (see CSPA). ETA: ~12-14 months from petition being filed to interview.

If he files after your son turns 21, it's about a 6-7 year wait instead. If you file for him after coming to the US, it's about a 7-10 year wait. These all assume he is (and remains) unmarried.

My question was, is it advisable for her to file for my Son when i have not gotten my IV visa?

[geowrian 22,336]

Just now, nadler Howard said:

My question was, is it advisable for her to file for my Son when i have not gotten my IV visa?

Yes. It's not required for doing so, but the sooner she files, the sooner he can come. She does not need to wait for your visa to be issued.

Edited May 15, 2018 by geowrian

[nadler Howard 27]

1 minute ago, geowrian said:

Yes. It's not required for doing so, but the sooner she files, the sooner he can come. She does not need to wait for your visa to be issued.

Thanks allot.

[pushbrk 12,154]

3 hours ago, nadler Howard said:

My question was, is it advisable for her to file for my Son when i have not gotten my IV visa?

What was even more advisable would have been to file both petitions at the same time. 

[nadler Howard 27]

11 hours ago, pushbrk said:

What was even more advisable would have been to file both petitions at the same time. 

Can someone please tell me how to front load documents. I will truly appreciate it.

[pushbrk 12,154]

4 minutes ago, nadler Howard said:

Can someone please tell me how to front load documents. I will truly appreciate it.

Google "front load I-130" and do your homework.  However, you don't need to front load a petition for a step child and it's far too late to front load the one for the spouse.  Or did you NOT say you were waiting for an interview?

[nadler Howard 27]

2 minutes ago, pushbrk said:

Google "front load I-130" and do your homework.  However, you don't need to front load a petition for a step child and it's far too late to front load the one for the spouse.  Or did you NOT say you were waiting for an interview?

YEs I am waiting for interview. I was thinking i can front load for interview.

[pushbrk 12,154]

29 minutes ago, nadler Howard said:

YEs I am waiting for interview. I was thinking i can front load for interview.

Front loading is done WITH the initial petition filing.  Taking additional evidence of relationship to the interview is called back loading.  It's a good idea but often useless, because the Consular Officer is not required to take it, look at it, OR consider it.  Side loading is done at the NVC stage but has the same drawback as back loading.  Consular Officers are only required to consider relationship evidence in the official USCIS case file.

 

Had you "done your homework" you would already know this.  

[nadler Howard 27]

24 minutes ago, pushbrk said:

Front loading is done WITH the initial petition filing.  Taking additional evidence of relationship to the interview is called back loading.  It's a good idea but often useless, because the Consular Officer is not required to take it, look at it, OR consider it.  Side loading is done at the NVC stage but has the same drawback as back loading.  Consular Officers are only required to consider relationship evidence in the official USCIS case file.

 

Had you "done your homework" you would already know this.  

If i understand you clearly, are you saying that CO only consider the first evident submitted at the stage of I-130 only for IV?. I was thinking that the stage of the interview is when evidence like pictures, communication and other stuff are tendered, since they were not use during the stage of the Approved petition. Getting confused here, please explain.

[pushbrk 12,154]

4 minutes ago, nadler Howard said:

If i understand you clearly, are you saying that CO only consider the first evident submitted at the stage of I-130 only for IV?. I was thinking that the stage of the interview is when evidence like pictures, communication and other stuff are tendered, since they were not use during the stage of the Approved petition. Getting confused here, please explain.

I did explain but you ignored some of my words.  I said the CO is only REQUIRED...  You left out required.  What "you were thinking" is "wrong".

 

[NikLR 13,220]

5 minutes ago, nadler Howard said:

If i understand you clearly, are you saying that CO only consider the first evident submitted at the stage of I-130 only for IV?. I was thinking that the stage of the interview is when evidence like pictures, communication and other stuff are tendered, since they were not use during the stage of the Approved petition. Getting confused here, please explain.

You were supposed to send any evidence you want the CO to look at with the initial petition including photos and communication.  The CO is harder to convince than the USCIS adjudicator.  You can bring evidence to interview but that doesn't mean the CO has to look at it.