Expedite request for pending forms I-130 for minor children

[Aret 0]

Hello, I am a U.S Citizen petitioner currently residing abroad with my spouse (the principal beneficiary of an already approved I-130 petition) and our three children. My husband’s case is already approved, and his immigrant visa interview with the National Visa Center (NVC) is imminent.

I recently filed individual forms I-130 for our minor children but there is a very high likelihood that our family will be separated for a significant period of time. 

I would like to know what action to take concerning our children’s pending forms I-130 so our family won't be separated. 

Thank you

[Crazy Cat 45,265]

Has husband's interview already been scheduled?

Edited yesterday at 08:33 PM by Crazy Cat

[pushbrk 13,791]

11 minutes ago, Aret said:

Hello, I am a U.S Citizen petitioner currently residing abroad with my spouse (the principal beneficiary of an already approved I-130 petition) and our three children. My husband’s case is already approved, and his immigrant visa interview with the National Visa Center (NVC) is imminent.

I recently filed individual forms I-130 for our minor children but there is a very high likelihood that our family will be separated for a significant period of time. 

I would like to know what action to take concerning our children’s pending forms I-130 so our family won't be separated. 

Thank you

The actions you did not take (filing the childrens' petitions when you filed for your spouse) are the reasons for any separation.  What you can do to avoid separation now, is to delay your spouse's interview until they can all go together.

 

Are these the petitioner's step children or their natural children?

[Aret 0]

1 hour ago, Crazy Cat said:

Has husband's interview already been scheduled?

Not yet. We are still waiting.

[Crazy Cat 45,265]

Just now, Aret said:

Not yet. We are still waiting.

Then:

1.  IMMEDIATELY contact NVC and tell them to postpone scheduling his interview until all cases are ready.

2.  IMMEDIATELY contact USCIS and request an expedite of children's cases.

3.  Once children's cases are at NVC, ask them (NVC) to expedite and connect cases to husband's case for group interview.

[Aret 0]

@pushbrk the children are our biological children. I didn't know that we'd have to file individual petitions for each child at the time I filed the petition for my spouse. The research I did at that time said that the children could be included on my spouse's petition. We didn't get the right information sadly.

2 minutes ago, Crazy Cat said:

Then:

1.  IMMEDIATELY contact NVC and tell them to postpone scheduling his interview until all cases are ready.

2.  IMMEDIATELY contact USCIS and request an expedite of children's cases.

3.  Once children's cases are at NVC, ask them (NVC) to expedite and connect cases to husband's case for group interview.

Ok. Thank you

[appleblossom 4,886]

Yep, as suggested above delay your husbands interview until the kids catch up - there’s not really any grounds for an expedite, although you can try. But if you don’t want to be apart then the solution is to hold your spouses visa process for now. 
 

Good luck. 

[Aret 0]

Just now, appleblossom said:

Yep, as suggested above delay your husbands interview until the kids catch up - there’s not really any grounds for an expedite, although you can try. But if you don’t want to be apart then the solution is to hold your spouses visa process for now. 
 

Good luck. 

Thanks a lot.

[rbv_shard 16]

22 minutes ago, Aret said:

the children are our biological children.

Were you a US citizen when they were born?  They're probably US citizens already, in which case you don't need any visas for them, no I-130.  Instead you should be getting CRBA filed (this recognizes the citizenship that already attached to them, it does not change their citizenship) and apply for US passports for the kids.

Edited 23 hours ago by rbv_shard

[S2N 424]

Ask USCIS for an expedite. Then contact your senator or member of Congress and explain the situation. If you have a Republican senator or representative those are apparently getting preferential treatment by USCIS legislative affairs now from what I’ve heard through the grapevine.

 

USCIS tracks cases with congressional inquiries in a different system than they track cases without inquiries. It doesn’t guarantee approval, but it does guarantee more scrutiny in a positive sense.

 

Also, yes, check this page for the category that describes you and see if you meet the physical presence test to see if your children are already citizens: link

Edited 23 hours ago by S2N

[Boiler 47,920]

Which Consulate?

[pushbrk 13,791]

1 hour ago, Aret said:

@pushbrk the children are our biological children. I didn't know that we'd have to file individual petitions for each child at the time I filed the petition for my spouse. The research I did at that time said that the children could be included on my spouse's petition. We didn't get the right information sadly.

Ok. Thank you

The question relates to the children being biological children of the US Citizen petitioner.  If the US Citizen petitioner was a USC at the time of each child'e birth and meets the physical presence requirement, they don't need visas.  They need Consular Reports of Birth Abroad, and US Passports.  Please clarify whether the petitioner was a US Citizen when each child was born, and whether they lived in the USA at least 5 years, one year of which was after turning age 14.  If so, they are US Citizens and cannot be issued immigrant visas.  You take the CRBA, and US Passport route.

[Boiler 47,920]

Op has stated the CRBA does not apply may still need to substantiate it with the Consulate

 

Presume a joint sponsor has been found

[Lemonslice 5,310]

Did you read what @pushbrk wrote in your previous thread?
 

 

Also, please fill your timeline: 
https://www.visajourney.com/timeline/profile.php?id=485448 

[pushbrk 13,791]

2 hours ago, S2N said:

Ask USCIS for an expedite. Then contact your senator or member of Congress and explain the situation. If you have a Republican senator or representative those are apparently getting preferential treatment by USCIS legislative affairs now from what I’ve heard through the grapevine.

 

USCIS tracks cases with congressional inquiries in a different system than they track cases without inquiries. It doesn’t guarantee approval, but it does guarantee more scrutiny in a positive sense.

 

Also, yes, check this page for the category that describes you and see if you meet the physical presence test to see if your children are already citizens: link

If petitions are needed for the children, the above is certainly ok to try, but don't get your hopes up.  It's the petitioner's responsibility to do their homework.  It's pretty difficult for any politician to spend their political capital when USCIS and NVC have done nothing wrong.