Pending i130s… are there any other options available? (merged)

[AmyMah 3]

Hello 

we’re at the beginning on our visa journey 

I (us citizen) have filed 4 x i130 forms to petition for my husband and our 3 kids to come to USA with me. 
Within hours.. 3 of the 4 say ‘Case Is Being Actively Reviewed By USCIS’ and 1 of the kids’ one, 6 days later, still says ‘Case Was Received And A Receipt Notice Was Sent’

It also has the longest ‘processing time’ out of the 4.

is this normal or should I contact uscis?

many thanks Amy 

[Crazy Cat 39,350]

Sounds normal.  They are probably at different USCIS service centers.  Don't believe that "Case Is Being Actively Reviewed By USCIS" stuff.  Good luck.

[AmyMah 3]

Thank you :)

[Crazy Cat 39,350]

Just now, AmyMah said:

Thank you

Make sure you wait until all the petitions have been approved and reach NVC before you pay any fees or submit documents to NVC for any of them. Then contact NVC and the consulate to request they all be interviewed together.  Remember-  Don't pay fees on any of them until they have all gotten to NVC.  Good luck. 

[AmyMah 3]

13 minutes ago, Crazy Cat said:

Make sure you wait until all the petitions have been approved and reach NVC before you pay any fees or submit documents to NVC for any of them. Then contact NVC and the consulate to request they all be interviewed together.  Remember-  Don't pay fees on any of them until they have all gotten to NVC.  Good luck. 

Thank you :)

 

we reside in the UK and assume because we have to go to the London embassy…. It would be easier to keep them together? 
 

i have applied to expedite our petitions due to the financial loss to us personally but not sure how likely it’ll be approved. We’ll see! 
 

thanks for tip, I’ll bear in mind :) 

[Mike E 11,723]

1. Any of the kids aged 16 or 17?

 

2. Any of kids aged  18, 19, or 20?

 

3. Are you sure none of the kids are U.S. citizens?

[AmyMah 3]

50 minutes ago, Mike E said:

1. Any of the kids aged 16 or 17?

 

2. Any of kids aged  18, 19, or 20?

 

3. Are you sure none of the kids are U.S. citizens?

No, kids are currently aged 6, 4 and 7 months. 
 

yes sure not eligible for passports as I don’t meet the physical presence. I was born in the USA and left when I was about 8. I’ve been back but only holidays. 

[Mike E 11,723]

Just now, AmyMah said:

No, kids are currently aged 6, 4 and 7 months. 
 

yes sure not eligible for passports as I don’t meet the physical presence. I was born in the USA and left when I was about 8. I’ve been back but only holidays. 

Were you married when the 6 year old was born?

[AmyMah 3]

5 minutes ago, Mike E said:

Were you married when the 6 year old was born?

Yes we’ve married for over 8 years and lived together for longer. 

[AmyMah 3]

1 hour ago, Mike E said:

Were you married when the 6 year old was born?

May I ask reason for questions? Appreciate your help 

[Mike E 11,723]

15 minutes ago, AmyMah said:

May I ask reason for questions? Appreciate your help 

I’m trying to save you time and money and your child a lifetime of misery.  If the 6 year old is a U.S. citizen that child is ineligible for a visa.  A competent iso at USCIS should deny the I-130 and maybe refund the fee.  And if the 6 year old’s I-130 is approved, a competent CO should deny the visa. Sadly we’ve seen a fair amount of incompetence.
 

If the I-130 that is in a different status is that of the 6 year old well there might be a reason for that.   

 

But if you find these questions to be too personal, USCIS.gov has  resources that will help you make this determination.  https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3
 

Good luck   

Edited October 19, 2022 by Mike E

[AmyMah 3]

Ah I understand. Yes a lot of people assume they’re are eligible but we have checked with an immigration lawyer who has confirmed they are not eligible due to the physical presence requirement but youre right it’s worth double checking! I will re-read your link. Thank you!
 

does any one know what are chances are on getting the petitions expedited? My husband was made redundant and therefore the plan is to move sooner than we originally thought. We have a particular US company interested but need him to be in the states soon, they can’t progess with the offer unless he has that right to work. Just to add my husband is the sole earner and therefore we have a joint sponsor lined up because my income is very little. 
 

Thanks in advance 

Amy 

[AmyMah 3]

18 minutes ago, Mike E said:

I’m trying to save you time and money and your child a lifetime of misery.  If the 6 year old is a U.S. citizen that child is ineligible for a visa.  A competent iso at USCIS should deny the I-130 and maybe refund the fee.  And if the 6 year old’s I-130 is approved, a competent CO should deny the visa. Sadly we’ve seen a fair amount of incompetence.
 

If the I-130 that is in a different status is that of the 6 year old well there might be a reason for that.   

 

But if you find these questions to be too personal, USCIS.gov has  resources that will help you make this determination.  https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-3
 

Good luck   

was just thinking… on the I-130 it didn’t actually ask me any questions about when I left the USA as a Child… so from the form they don’t necessarily know that I haven’t made the requirement which allows my children to citizens… 

Would they come back to me for more information on this matter? 

[carmel34 3,531]

2 hours ago, AmyMah said:

on the I-130 it didn’t actually ask me any questions about when I left the USA as a Child… so from the form they don’t necessarily know that I haven’t made the requirement which allows my children to citizens… 

Would they come back to me for more information on this matter? 

If the adjudicating officer at USCIS wants more information about your physical presence residing in the US, to confirm that the children are not US citizens through you, they will send an RFE for the children's I-130 petitions.

 

Given your circumstances, you could have asked for DCF (direct consular filing) of the I-130 petitions by contacting the London US embassy, but that ship has sailed because you have already filed petitions to the USCIS.  An expedite request is free so give it a try and see what happens.  Good luck!

 

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

[AmyMah 3]

5 minutes ago, carmel34 said:

If the adjudicating officer at USCIS wants more information about your physical presence residing in the US, to confirm that the children are not US citizens through you, they will send an RFE for the children's I-130 petitions.

 

Given your circumstances, you could have asked for DCF (direct consular filing) of the I-130 petitions by contacting the London US embassy, but that ship has sailed because you have already filed petitions to the USCIS.  An expedite request is free so give it a try and see what happens.  Good luck!

 

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

Thank you, that’s helpful.

 

Prior to filing the petitions I did contact the London embassy via their site and they declined my request. I then went on to file the I-130 via USCIS and then read more about DCF and agreed I should fall under the DCF criteria so sent a message to the London embassy again, I then received a more personal message to say because I had already filed they were unable to help me…. 🤷🏼‍♀️