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pm5k

Children of sibling of USC, born after I-130 approved

By pm5k in Bringing Family Members of US Citizens to America

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pm5k Rising Star

pm5k   127

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

A friend petitioned his brother, around the 2010 timeframe.  The beneficiary (brother) had a child in 2014.  It is my understanding that this child would be a derivative beneficiary.  Does this child need to be added to the I-130, or is it automatically assumed that the child is included?  

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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Boiler Grand Master

Boiler   43,721

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Children and spouses are the ones around when the visa bulletin is current, a long time away.

“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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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

The child can be added and be a derivative once the Priority Date (PD) is current and the case is at NVC. In about 20-25+ years...assuming the category still exists.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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pm5k Rising Star

pm5k   127

Posted
Filed: IR-1/CR-1 Visa Timeline
  • Author
Posted (edited)

Would the petitioner need to send the new birth certificate to update the package at this time?  I read this in some other threads, but was not sure if this was still the current practice.

Edited by pm5k

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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pm5k Rising Star

pm5k   127

Posted
Filed: IR-1/CR-1 Visa Timeline
  • Author
Posted
9 minutes ago, geowrian said:

..assuming the category still exists.

If anything changes, hopefully nothing happens to the petitions in process...

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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