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mgsanch509

I130 or I824 for Children

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Hello. 

 

I'm the USC getting to ready to prepare my husbands petition to remove conditions on his conditional green card. 

 

He immigrated on a K1 Visa. He has 3 children who were not included in the I129F petition because we believed the children needed to immigrate with him. Due that they are small children and the they were not coming to the USA, we failed to include them.

 

Since my husband and I are still less than 2 years married, we want to petition the children now before the removal of conditions. 

 

Should I file I130 form for each chid or form I824 follow to join?? I'm confused on these two. 


K-1 Fiancee Visa

11/10/16   I-129F Mailed to Lewisville TX Lockbox
11/14/16   I-129F Received date

11/16/16   NOA1 Date on Hard Copy

11/17/16   NOA1 Text & Email. Routed to CSC.
11/19/16   NOA1 Hard Copy Received

02/02/17   NOA2 Text and Email from USCIS
02/06/17   NOA2 Hard Copy Received 

02/15/17   NVC Received

02/16/17   NVC Processed & Case# Issued

02/27/17.  Ciudad Juarez Embassy Receive

03/04/17   Petitioner Receive- Embassy Welcome Letter

03/22/17   Beneficiary Receive- Embassy Welcome Letter

04/04/17.  NVC Letter (Mail)

04/05/17   Medical

04/06/17   ASC/Biometrics Appointment

04/07/17   Interview - APPROVED!!!

04/11/17   DHL tracking number  received  (Email)

04/27/17   Arrived at USA, Port of Entry-Portland Oregon

05/01/17   Applied for Social Security Card 

05/13/17   Social Security Card Received 

05/19/17.   Married!!!! 

 

 

Adjustment of Status

05/31/17.   AOS sent to Chicago IL

06/01/17   Chicago Lockbox Received

06/05/17   3 emails & 3 text received USCIS, I-485, I-131, & I-795

06/09/17   3 Paper NOA Received, I-485, I-131, & I-795

06/16/17   Biometric Letter Received

06/26/17   Biometric Appointment

07/19/17   USCIS email notification of Scheduled Interview

07/22/17   Paper NOA received for I-485 Interview

08/15/17   Interview 

08/15/17   Interview Approved

08/15/17   USCIS Email & text notice-Green Card in production

08/17/17. USCIS Email & text- GC mailed. Yayy!!!

08/19/17.  NOA hardcopy received- AOS approved!

 

 

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I-824 doesn't apply for FTJ from K-1. They would just apply for the K-2 visa at the consulate/embassy. But it has to be within 1 year of the original K-1 visa being issued, which doesn't appear to be the case based on your timeline.

 

I-130s for each child are needed. ETA: ~12-16 months.

 

Not having listed the children is not a bar, but you may be asked why they weren't listed...it's not uncommon for people to hide children (or now claim children that aren't legally their own) so there may be some suspicion. At the same time, many people make that mistake as well.


Timelines:

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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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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16 minutes ago, geowrian said:

I-824 doesn't apply for FTJ from K-1. They would just apply for the K-2 visa at the consulate/embassy. But it has to be within 1 year of the original K-1 visa being issued, which doesn't appear to be the case based on your timeline.

 

I-130s for each child are needed. ETA: ~12-16 months.

 

Not having listed the children is not a bar, but you may be asked why they weren't listed...it's not uncommon for people to hide children (or now claim children that aren't legally their own) so there may be some suspicion. At the same time, many people make that mistake as well.

Perfect, thank you so much for taking your time to respond and clarify! Very much appreciated! :)


K-1 Fiancee Visa

11/10/16   I-129F Mailed to Lewisville TX Lockbox
11/14/16   I-129F Received date

11/16/16   NOA1 Date on Hard Copy

11/17/16   NOA1 Text & Email. Routed to CSC.
11/19/16   NOA1 Hard Copy Received

02/02/17   NOA2 Text and Email from USCIS
02/06/17   NOA2 Hard Copy Received 

02/15/17   NVC Received

02/16/17   NVC Processed & Case# Issued

02/27/17.  Ciudad Juarez Embassy Receive

03/04/17   Petitioner Receive- Embassy Welcome Letter

03/22/17   Beneficiary Receive- Embassy Welcome Letter

04/04/17.  NVC Letter (Mail)

04/05/17   Medical

04/06/17   ASC/Biometrics Appointment

04/07/17   Interview - APPROVED!!!

04/11/17   DHL tracking number  received  (Email)

04/27/17   Arrived at USA, Port of Entry-Portland Oregon

05/01/17   Applied for Social Security Card 

05/13/17   Social Security Card Received 

05/19/17.   Married!!!! 

 

 

Adjustment of Status

05/31/17.   AOS sent to Chicago IL

06/01/17   Chicago Lockbox Received

06/05/17   3 emails & 3 text received USCIS, I-485, I-131, & I-795

06/09/17   3 Paper NOA Received, I-485, I-131, & I-795

06/16/17   Biometric Letter Received

06/26/17   Biometric Appointment

07/19/17   USCIS email notification of Scheduled Interview

07/22/17   Paper NOA received for I-485 Interview

08/15/17   Interview 

08/15/17   Interview Approved

08/15/17   USCIS Email & text notice-Green Card in production

08/17/17. USCIS Email & text- GC mailed. Yayy!!!

08/19/17.  NOA hardcopy received- AOS approved!

 

 

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