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Roxy5212

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

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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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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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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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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:

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

12/1/17: 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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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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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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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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