Now a USC and need to file I130 for kids as no derivatives after citizenship (split)

[robtastic 0]

I am in a similar situation but not quite. 

=> I was a LPR

=>I130 was applied for wife on April 2022.

=>Learnt about her pregnancy with twins, had some complication so expedited, and got approved. File went to NVC.

=> Babies were born on Nov 3 2022.

=> Added kids info in NVC and got DQed on Jan 25. Meanwhile filed for my citizenship.

=> While all this, F2A was current, but my unfortunate fate,  F2A retrogressed to 2017. 

=>Got my citizenship yesterday and filed for wifey's upgrade from F2A to Cr1/IR1.

=> I was totally unaware about this whole new I130 for kids.

 

Anyone been a similar situation?

Did you file new I130 for the kids? I saw that @mam521 filed for expedite. How soon did you wait until you filed for expedite after you filed Initial application? What was the reason and documentation? Guys, I need help. I am panicking. I cannot wait another 15 months and more(normal I30 wait times) to be away from family and kids.

[Ontarkie 14,280]

~~Hijack post in a zombie thread has been split off to its own thread.~~

[Crazy Cat 41,981]

1 hour ago, robtastic said:

I am in a similar situation but not quite. 

=> I was a LPR

=>I130 was applied for wife on April 2022.

=>Learnt about her pregnancy with twins, had some complication so expedited, and got approved. File went to NVC.

=> Babies were born on Nov 3 2022.

=> Added kids info in NVC and got DQed on Jan 25. Meanwhile filed for my citizenship.

=> While all this, F2A was current, but my unfortunate fate,  F2A retrogressed to 2017. 

=>Got my citizenship yesterday and filed for wifey's upgrade from F2A to Cr1/IR1.

=> I was totally unaware about this whole new I130 for kids.

 

Anyone been a similar situation?

Did you file new I130 for the kids? I saw that @mam521 filed for expedite. How soon did you wait until you filed for expedite after you filed Initial application? What was the reason and documentation? Guys, I need help. I am panicking. I cannot wait another 15 months and more(normal I30 wait times) to be away from family and kids.

One option is to immediately file the additional I-130s.  Then, immediately request an expedite for them at USCIS.  Then contact NVC and try to hold your wife's case there until the children's cases get there. 

[mam521 2,103]

Exactly what @Crazy Cat said.  Because you've become a citizen, the babies are no longer derivatives and require their own petitions.  Once you get the NOA with their case numbers, call and ask to speak to a Tier 2.  My husband explained to the agent that we filed initially in the Family Preference category and that the kids were derivatives on the petition, but he acquired citizenship and because of that, my petition got bumped into the IR category.  We then had to then file the kids' petitions because they were no longer considered derivatives. No guarantees that they will expedite them, but if you get an understanding agent, they will do everything in their power to get those petitions caught up to Mom's.  The Tier 2 agent is the key in these cases.  In our case, Kid1 & Kid2's petitions actually caught up and leapfrogged mine!  

 

The whole derivatives here but not here is a bit skewed to me.  Spouses and children of a USC are essentially guaranteed a greencard but require their own petitions.  The FP categories allow derivatives even though those visas have to become available.