Wife petition with Kids

[EagerBeaver 0]

Hello, I need some confirmation. I am a US citizen and petitioned my wife and my two kids and it was approved. I submitted all the documents and they were all approved. We received an email saying that Immigrant Visa Case becoming Documentarily Qualified but the IV application that i paid for and docs submitted were just for  my wife.

 

Questions:

 

Do I need to worry that I did not pay IV fee and submitted any docs for my two kids?

One of my son turned 21 last month and my application was approved before that, do I get to bring him also?

 

Any help is appreciated

 

Thanks!!

[pushbrk 12,966]

Just now, EagerBeaver said:

Hello, I need some confirmation. I am a US citizen and petitioned my wife and my two kids and it was approved. I submitted all the documents and they were all approved. We received an email saying that Immigrant Visa Case becoming Documentarily Qualified but the IV application that i paid for and docs submitted were just for  my wife.

 

Questions:

 

Do I need to worry that I did not pay IV fee and submitted any docs for my two kids?

One of my son turned 21 last month and my application was approved before that, do I get to bring him also?

 

Any help is appreciated

 

Thanks!!

First, the only thing that has been "approved" is the I-130 petition for your wife.  She will complete the visa application process once NVC schedules a visa interview for her and she completes the medical and vaccinations, then interviews successfully.

 

Each immigrant needs their own petition when it is spouse and stepchildren of a US Citizen.  Did you file separate petitions for your stepchildren?  If not, they do not ride along on your wife's petition.

 

Any of your spouse's children who were already 18 on the date of your marriage, do not have a path to immigrate based on this marriage.

 

 

[EagerBeaver 0]

It was actually my kids(not my stepchildren) and when my completed the DS230, it asked if the kids are going with me and we said yes. Do i need to file a separate I-130 for each of my kids?

[pushbrk 12,966]

10 minutes ago, EagerBeaver said:

It was actually my kids(not my stepchildren) and when my completed the DS230, it asked if the kids are going with me and we said yes. Do i need to file a separate I-130 for each of my kids?

Your US Citizen spouse needs to file petitions for the children.  (HIS stepchildren) Unless you delay your interview, your children will not be coming with you and certainly not anytime in the next year. 

 

How old were your children on the date of your marriage.  Any over 18 already on that date, do not need petitions as they will not be eligible for visas.

Edited December 5, 2019 by pushbrk

[EagerBeaver 0]

Sorry I do not think I am really communicating myself clearly.

 

My wife(girlfriend then) and I have kids before we got married. We did not get married then because my dad petitioned me to come to the US. I then came to the US(my kids were on my application) and worked here for five years and became US citizen.

 

We got married couple years ago, and then I filed a petition in March 2019 to bring my wife and my kids. From what I was told, I do not need to file a separate I-130 for each of my kids. i only need to file one I-130 for my wife and declare on my wife's IV application that our kids are going with us which we did. When that happens, my kids will be automatically added to her application and we pay separate fees for each kids.

 

FYI both kids were under 18 when we got married.

 

Question, I need to file a separate I-130 for both kids(one still under 18 right now and the other one over 21)

 

 

[Boiler 45,647]

So you did not petition anybody until you naturalised?

[EagerBeaver 0]

Correct, I petitioned them after in March 2019 after I became Naturalized US citizen

[Boiler 45,647]

I think the problem is you only petitioned one of them, your wife.

[EagerBeaver 0]

So do I need to file separate I-130 for both kids? So the previous advice that I do not need a separate I-130 is incorrect?

 

[Boiler 45,647]

Correct

[EagerBeaver 0]

Oh #######!

[NikLR 13,227]

There are no derivatives for USC immediate family members.  So your children also need I-130s.  I would request that the younger child's petition be expedited based on your wife's approved I-130.  I would also ask the NVC to delay scheduling your wife's interview until your younger child can catch up. 

However your son will have to wait because he's over 21. 

[EagerBeaver 0]

How do I request it to be expedited?

 

[EagerBeaver 0]

One question, for the over 21, is it better for my wife(when she comes here) and becomes immigrant to petition or me as as USC. Which one is faster? I waited 15 years before I finally was able to come after my dad petitioned me

 

[Boiler 45,647]

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-december-2019.html

 

See the current visa bulletin, presumably the focus is on the post 21 and I doubt there will be a significant difference.You can of course file now.