I don't want to leave my children behind, please what can I do?

[Olamary 0]

Hello everyone, I didn't know that I had to fill a separate I-130 for the kids while submitting mine( my spouse is a US citizen) So,the I-130 for the kids was submitted after my case had been moved to NVC. Now, I have got a date for interview. Please, what should I do, as I don't want to leave my kids behind? Below is the sammary information written on my case. 

[Terdals 2]

Your immigrant visa will only be good for 6 months from the date it's issued, so you will need to use it or lose it and then start the whole process over again with USCIS with another I-130 for you.

 

One option, and what I recommend, is you can try to delay your visa interview until your kid's cases are at the same stage. Call the US consulate/embassy where your interview is scheduled, explain the situation and ask them if you can postpone scheduling your interview indefinitely, at least until your kid's cases pass the NVC, then schedule a joint interview for all of you.

 

Another option is that once you have your visa, have your spouse or some other family members stay with your kids while you come to the US, once you get your green card in the mail(can take up to two months) then you can return to your home country and finish out your children's immigration process with them.

 

I'm sorry that you're going through this experience, I can only imagine the stress it must be giving you. There just isn't really a good quick way to solve this dilemma 

Edited December 22, 2023 by Terdals

[Crazy Cat 41,980]

1 hour ago, Olamary said:

Hello everyone, I didn't know that I had to fill a separate I-130 for the kids while submitting mine( my spouse is a US citizen) So,the I-130 for the kids was submitted after my case had been moved to NVC. Now, I have got a date for interview. Please, what should I do, as I don't want to leave my kids behind? Below is the sammary information written on my case. 

 

Have you already submitted a DS-260 for YOUR case?  Yes or No???

 

 

 

39 minutes ago, Terdals said:

Your immigrant visa will only be good for 6 months from the date it's issued

This is inaccurate.  Visa expiration is based on date of the medical exam...not visa issuance date.  It could expire even sooner than 6 months after the medical exam.

Edited December 22, 2023 by Crazy Cat

[Crazy Cat 41,980]

30 minutes ago, Terdals said:

once you get your green card in the mail(can take up to two months) then you can return to your home country and finish out your children's immigration process with them.

This is not accurate.  Once an immigrant visa holder enters they US, he/she can IMMEDIATELY exit the US.  The endorsed immigrant visa acts as a full-fledged Green Card until the plastic one arrives or one year after entry. 

Edited December 22, 2023 by Crazy Cat

[Crazy Cat 41,980]

37 minutes ago, Terdals said:

Another option is that once you have your visa, have your spouse or some other family members stay with your kids while you come to the US, once you get your green card in the mail(can take up to two months) then you can return to your home country and finish out your children's immigration process with them.

This is improper advice.  The OP cannot enter the US prior to the sponsor.  OP's spouse MUST travel to the US either before or along with the visa holder.

Edited December 22, 2023 by Crazy Cat

[Olamary 0]

7 hours ago, Crazy Cat said:

 

Have you already submitted a DS-260 for YOUR case?  Yes or No???

 

 

 

This is inaccurate.  Visa expiration is based on date of the medical exam...not visa issuance date.  It could expire even sooner than 6 months after the medical exam.

 

 

 

No, I haven't submitted. 

8 hours ago, Terdals said:

Your immigrant visa will only be good for 6 months from the date it's issued, so you will need to use it or lose it and then start the whole process over again with USCIS with another I-130 for you.

 

One option, and what I recommend, is you can try to delay your visa interview until your kid's cases are at the same stage. Call the US consulate/embassy where your interview is scheduled, explain the situation and ask them if you can postpone scheduling your interview indefinitely, at least until your kid's cases pass the NVC, then schedule a joint interview for all of you.

 

Another option is that once you have your visa, have your spouse or some other family members stay with your kids while you come to the US, once you get your green card in the mail(can take up to two months) then you can return to your home country and finish out your children's immigration process with them.

 

I'm sorry that you're going through this experience, I can only imagine the stress it must be giving you. There just isn't really a good quick way to solve this dilemma 

Thank you.

[Cathi 5,771]

8 hours ago, Terdals said:

Your immigrant visa will only be good for 6 months from the date it's issued, so you will need to use it or lose it and then start the whole process over again with USCIS with another I-130 for you.

 

One option, and what I recommend, is you can try to delay your visa interview until your kid's cases are at the same stage. Call the US consulate/embassy where your interview is scheduled, explain the situation and ask them if you can postpone scheduling your interview indefinitely, at least until your kid's cases pass the NVC, then schedule a joint interview for all of you.

 

Another option is that once you have your visa, have your spouse or some other family members stay with your kids while you come to the US, once you get your green card in the mail(can take up to two months) then you can return to your home country and finish out your children's immigration process with them.

 

I'm sorry that you're going through this experience, I can only imagine the stress it must be giving you. There just isn't really a good quick way to solve this dilemma 

Much of the advice in your answer isn't correct. If you do not know how to correctly answer someone, please don't guess, as you can cause more harm than good.

[Olamary 0]

11 minutes ago, Cathi said:

Much of the advice in your answer isn't correct. If you do not know how to correctly answer someone, please don't guess, as you can cause more harm than good.

Any advice from you please? 

[Lil bear 4,252]

1 hour ago, Olamary said:

Any advice from you please? 

Your options

 

1. Your petitioner should  file I 130 immediately for each of the children. Slow down the submission of your NVC  documentation until their petitions are approved and sent to NVC. Request the NVC to link the cases and continue the processing together. Immigrate together 

 

2. your petitioner should file I130 immediately for each child.  Continue your processing through NVC and consulate interview without delaying it. Arrange for your children to stay with relatives in your home country for about 1 -2 months. Once you have your visa, enter the US.. Your stamped passport will be your  evidence of your LPR status. Immediately get your SSN, bank account etc as evidence of your residency and intent to domicile in the US.  Immediately file for a Reentry permit I131 for yourself. On the form, indicate that you want to pick up the issue permit at the US consulate in your home country  Wait until you have received notification of the receipt of your application and either have had on file biometrics applied or attended the required biometrics appointment. You can then leave the US and return to care for the children while their immigration process takes place.  It may take 6-12 Months for the permit to  be issued. You have 2 years from that date of issue to return to the US without being assessed as having abandoned your LPR status. Return yo the US using your reentry permit, accompanied by your children using their immigrant visas 

[Olamary 0]

1 hour ago, Lil bear said:

Your options

 

1. Your petitioner should  file I 130 immediately for each of the children. Slow down the submission of your NVC  documentation until their petitions are approved and sent to NVC. Request the NVC to link the cases and continue the processing together. Immigrate together 

 

2. your petitioner should file I130 immediately for each child.  Continue your processing through NVC and consulate interview without delaying it. Arrange for your children to stay with relatives in your home country for about 1 -2 months. Once you have your visa, enter the US.. Your stamped passport will be your  evidence of your LPR status. Immediately get your SSN, bank account etc as evidence of your residency and intent to domicile in the US.  Immediately file for a Reentry permit I131 for yourself. On the form, indicate that you want to pick up the issue permit at the US consulate in your home country  Wait until you have received notification of the receipt of your application and either have had on file biometrics applied or attended the required biometrics appointment. You can then leave the US and return to care for the children while their immigration process takes place.  It may take 6-12 Months for the permit to  be issued. You have 2 years from that date of issue to return to the US without being assessed as having abandoned your LPR status. Return yo the US using your reentry permit, accompanied by your children using their immigrant visas 

What is I reschedule my interview appointment? Because I have been given an interview date already. Is that an option too? 

[Lil bear 4,252]

1 minute ago, Olamary said:

What is I reschedule my interview appointment? Because I have been given an interview date already. Is that an option too? 

You can ask but it’s in the hands of the Consulate and may not get you as much time as you need… you may still find yourself running out of time to enter with an issued visa or being very delayed in interviewing  . I re read your post and see that the I 130 have already been filled for your children 

 

You can still  follow the rest of the info in option 2 .. 

[Crazy Cat 41,980]

5 hours ago, Olamary said:

No, I haven't submitted. 

Then, how can you already have an interview scheduled?  

[SteveInBostonI130 3,467]

9 hours ago, Olamary said:

 

 

 

No, I haven't submitted. 

Thank you.

 

If you have not submitted your DS-260, how did you get an interview scheduled?

[Olamary 0]

On 12/23/2023 at 1:11 PM, Crazy Cat said:

Then, how can you already have an interview scheduled?  

I'm sorry, on that my case page( check the picture) it's written "Complete and submit ds-260 form. I thought they want me to fill it again. That's why I said no. 

On 12/23/2023 at 5:05 PM, SteveInBostonI130 said:

 

If you have not submitted your DS-260, how did you get an interview scheduled?

I'm sorry, on that my case page( check the picture) it's written "Complete and submit ds-260 form. I thought they want me to fill it again. That's why I said no.