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Roxy5212

Step child has A number but I don’t want to file

By Roxy5212 in Bringing Family Members of US Citizens to America

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Roxy5212 Contributor

Roxy5212   3

Posted
Filed: K-1 Visa Country: Jamaica
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Posted

Hey guys I’m hoping someone has some advice for me. My husband entered the US on a K1 visa and he has a son that was listed as a child on his immigration paperwork who as a result got assigned a A number. Fast forward a few years later his son is living in his native country and his mom has now migrated to the US but she was told she cannot file for him because his dad listed him on his K1 application. Can someone confirm if this is true? If so is it possible to have him removed somehow so his mom can proceed with his filing? Thank you in advance. 

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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted (edited)

nope

 

sorry let me clarify... no it's not true that she can't file for him. He never made it to the k2 stage it sounds like.  He was just listed on the I-129F petition which does nothing without the follow up paperwork but allow him to follow to join.  Looking at your timeline, that ship sailed YEARS ago. 

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
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Posted

hi,

not true as stated,  the process was never continued

 

so his mom can file at any time

 

 

and for their information, a person can have more than one petition at the same time, many people can be filing for a beneficiary

 

in this case, his mom's petition will be the only one

 

 

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geowrian Grand Master

geowrian   22,335

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

You can file for a stepchild so long as they became your stepchild before they turned 18. If still under 21, then the child is considered an immediate relative.

The biological parent can file for their child. The child would need to be unmarried if the petitioner only has a green card.

Anybody else can file for the same individual as well...the only drawback with multiple petitions is the extra $535 per I-130 petition.

Edited by geowrian

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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Roxy5212 Contributor

Roxy5212   3

Posted
Filed: K-1 Visa Country: Jamaica
 Timeline
  • Author
Posted
44 minutes ago, geowrian said:

You can file for a stepchild so long as they became your stepchild before they turned 18. If still under 21, then the child is considered an immediate relative.

The biological parent can file for their child. The child would need to be unmarried if the petitioner only has a green card.

Anybody else can file for the same individual as well...the only drawback with multiple petitions is the extra $535 per I-130 petition.

Thank you. I thought it was strange she got advise that we would need to remove him from having the A number in order to file.

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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

Sounds like she's being told some misinformation.  She should join VJ herself. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Roxy5212 Contributor

Roxy5212   3

Posted
Filed: K-1 Visa Country: Jamaica
 Timeline
  • Author
Posted
6 minutes ago, NikLR said:

Sounds like she's being told some misinformation.  She should join VJ herself. 

I agree especially considering he was listed as a child we didn’t go through any sort of petition with his son. If anything I would think it would be easier with him already having the A number 

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