Child name not included in I797 Notice of Action

[moazem 0]

Hi. I applied immigration visa for my wife and 5 years old son. Today i received I797 notice of action, which says my case approved for my wife but my son's name not included in this notice. I am confused. Should i expect seperate I797 for my child? Any expert opinion willbr much obliged. Thank you.

[pushbrk 12,106]

11 minutes ago, moazem said:

Hi. I applied immigration visa for my wife and 5 years old son. Today i received I797 notice of action, which says my case approved for my wife but my son's name not included in this notice. I am confused. Should i expect seperate I797 for my child? Any expert opinion willbr much obliged. Thank you.

If you are a US Citizen filing for a spouse and her child, or your natural child who cannot derive citizenship from you directly, you would have filed a separate petition for the child.  An approval notice from USCIS is for a petition.  Did you file a separate I-130 for the child?  Is this a step child?  Were you a US Citizen when the child was born?  Please clarify.

 

To be clear, you filed an I-130 petition for your wife.  You did not apply for a visa.  Now that the petition is approved, the visa application process begins.

Edited January 18, 2019 by pushbrk

[John & Rose 7,237]

10 hours ago, moazem said:

Hi. I applied immigration visa for my wife and 5 years old son. Today i received I797 notice of action, which says my case approved for my wife but my son's name not included in this notice. I am confused. Should i expect seperate I797 for my child? Any expert opinion willbr much obliged. Thank you.

With the K-1 the step child would be a derivative.  There are no derivatives with CR-1.  When my K-1 was denied I had to submit three I-130s for my wife and two step children.  Each is handled on its own with its own fee.  Did you receive multiple NOA1s?  I received an NOA1 for each of my three petitions.  

[Just Paul 4,591]

Did you follow the instructions we gave you?   If you did two petitions then maybe your son's NOA will arrive shortly.

 

10 hours ago, pushbrk said:

If you are a US Citizen filing for a spouse and her child

I think based on his previous posts he is a LPR but there was mention of N-400.   It sounds like he filed 2 years ago for them so F2A.

 

If you want good advise give us some answers and update your profile and do fill in a timeline for what you are doing.

[John & Rose 7,237]

51 minutes ago, Paul & Mary said:

 

I think based on his previous posts he is a LPR but there was mention of N-400.   It sounds like he filed 2 years ago for them so F2A.

The plot thickens!

[Ontarkie 13,915]

~~Hijacked post removed. Please start your own thread for questions regarding your case~~

[moazem 0]

Thanku for the replies. I have confirmed from my lawyer, since my child is dependent on the mother, so i dont need to apply separately for him. This is what he said. Im hoping for the best now. Thanx again for prompt replies 🙂🙂

[aaron2020 11,651]

1 minute ago, moazem said:

Thanku for the replies. I have confirmed from my lawyer, since my child is dependent on the mother, so i dont need to apply separately for him. This is what he said. Im hoping for the best now. Thanx again for prompt replies 🙂🙂

If you are a US citizen, then you would need a separate I-130 for your child.  Derivative beneficiaries are not allowed when a USC petitions for a spouse.

[moazem 0]

Im permanent resident 

[Ontarkie 13,915]

~~Moved to Bringing Family of PR, from IR1/CR1 P&P - The OP is not a USC~~

[aaron2020 11,651]

3 minutes ago, moazem said:

Im permanent resident 

Then, your son is an eligible derivative beneficiary under the petition for your spouse.  

If you had answered the question about US citizenship in the 2nd post on this thread, we would have avoided this confusion.  

[milimelo 4,196]

Weren’t you interviewing for citizenship in 2014-2015? (Based on your prior topics).