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RnJ2021

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Posts posted by RnJ2021

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted · Edited by RnJ2021
    content

    OMG. My buddy tells me he knows an immigration attorney who knows and really likes his wife and the child. 

    She has the case now.

    She said the double check happens a lot.

    She is across the country - maybe that is why he did not go to her first.

    Or maybe it was financial.

    If he were not such a good friend..........

    They are both crazy

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    46 minutes ago, Boiler said:

    I am not sure you are actually helping your friend, much better if your friend joins.

    Your response on submitting a new I-130 is useful. I guess it cannot hurt.

    My buddy is a great guy but not the type to participate in this give and take. And apparently not the type to complete complex forms.

    This is complex enough that I think he should talk to an immigration attorney. The last one he used was ####### but maybe he can find a good one.

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    Found this:

     Under Federal law, States and local educational agencies are obligated to provide all children – regardless of immigration status – with equal access to public education at the elementary and secondary level. This includes children such as unaccompanied children who may be involved in immigration proceedings.

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted · Edited by RnJ2021

    14 minutes ago, Ontarkie said:

    You said she was at NVC still. So yes they can.

    That was when I first posted., My buddy submitted a letter notify NVC that the child was in process. But the official query system takes weeks and it still has not arrived at NVC. In the meantime, mom was DQ'd and sent to Dublin. I imagine that mom will have immigration visa in hand before the "official" request to match the cases up makes it to NVC. In the meantime, while the original I-130 only took two weeks to be approved, it apparently takes months to correct a simple error in the form.

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    4 minutes ago, Ontarkie said:

    Yes it sucks. This is why I have said to get USCIS to match up the child's case with mom's. This would be the fastest way through this.

    Mom's case is on its way to Dublin. USCIS is not matching anything up with that.

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted · Edited by RnJ2021

    5 minutes ago, Ontarkie said:

    They cannot both move to the US when mom gets her visa. The child might be allowed to visit, but with mom having a visa in hand she could also be denied entry. If the child is allowed to visit, that is exactly what her status would be visitor. No school as a visitor. 

    Her school that is eagerly waiting for her return will be surprised to learn this. Her stepfather is a USC.

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted · Edited by RnJ2021

    8 minutes ago, appleblossom said:


    I’m sure they do. But they cannot move until they have visas in hand. Anything else is immigration fraud, and risking a ban from the US. I’m sure they’d rather wait a while longer and do it properly than rush and risk being unable to enter the place they call home, right? 
     

    So Mom needs to do as everybody has suggested above, and slow her process down until her daughter can catch up. Then they can move together. 

    They can move together because because the child has a tourist visa.

    Once mom has her immigrant visa (soon) then they can come home.

    The only question is what is the best way to normalize the child's status once her paperwork is resolved.

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    13 minutes ago, Ontarkie said:

    Unless this is something new. Yes she sure will. 

    Got it. If mom is already approved, the process requires the 8 year old (probably 9 by the time the paperwork is squared away) coming through the system separately to leave her home in the USA for the interview that NVC obligingly schedules for her. Peachy:

     

    If your spouse and/or qualified unmarried children will immigrate at a later date and travel separately from you, they are not required to participate in your interview. They will be scheduled for a separate interview appointment. You should contact the U.S. Embassy or Consulate directly to arrange separate interviews, if needed.

     

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    17 minutes ago, appleblossom said:

    Why can’t the Mom delay her interview and visa until the daughter catches up, as suggested above? She needs to wait to move with her daughter. 

    Child and mom want to come home. Because of their tourist visas, they have spent half of the last 8 years with her stepfather. And he spent a lot of the other half with them in Kyiv.

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    9 minutes ago, appleblossom said:

    They can't bring the daughter to the US with the intent to AOS, that's immigration fraud. 

    So they bring the child to the USA to be her family while the paperwork at USCIS is resolved. 

    Once the approved petition is at NVC, what is the best way for this family to proceed?

     

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    Another thought that popped into my head is that since the only thing the child needs in Ireland is the medical exam, can she get that, come to the USA with her mom and wait for the paperwork to catch up?

     

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    So my buddy's congressman  talked to his contact at USCIS. The processing time for an I-824 is 20 months. That is a long time for an 8 year old. As soon as my buddy gets the receipt, he'll get the number to the congressman who will get it to his contact. The contact will try to expedite it to NVC. The child's mother is DQ'd and her case should arrive at Dublin any day now.  So she will have her immigrant visa soon. If expediting the I-824 fails, then mom has to enter the USA with the girl.   Under these circumstances, is AOS the appropriate way to go for the girl?

     

    My buddy also wants to know if can just do another I-130. He does not mind paying the fee. Any thoughts? TIA

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    43 minutes ago, appleblossom said:

     

    As said by others above, if they're outside the US, then I-485 is NOT an option. That would be immigration fraud.

     

    As for why it would add time, it's because it's unfortunately added an unnecessary step to the process. How long it takes will depend on which service centre it's sent to - https://egov.uscis.gov/processing-times/ 

    Confused. The I-130 for the child states she is currently in Ireland. The USCIS states in its approval that both options are available and gives explicit instructions on how to proceed with the I-485.

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted · Edited by RnJ2021
    content

    On 1/26/2024 at 1:19 PM, mam521 said:

    But do they have the official court order and are there associated visitation?  If so, then permission may be required from the other parent to allow the child to immigrate.  The US does take parental rights and access seriously and adhere to guidelines to essentially preventing parental abduction of a child.  

    No, The mother left the father while she was pregnant when she found out he was married; He subsequently kidnapped the child in an attempt to force the mother back in relationship with him. this action resulted in the court order. Given his prominence and corruption in Ukraine, he was never prosecuted for kidnapping a one year old child. He has no rights to the child and no relationship. The child's current stepfather and petitioner was part of the team that hunted her down and returned her to her mother.

     

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    The mother and child have B2 visas. The mothers petition is at NVC waiting for updated I-864. The mother performs internationally so did not want to do an I-485 and is currently a refugee in Ireland. Why would the I-824 add time to moving the approved I-130 to NFC. The mothers petition went from USCIS to NVC in days. The child is desperately eager to back to her life in Phoenix and it seems 485 might be easier because she will not need to travel. But, as always, I bow to the collective wisdom of this group.

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    Ooops. My buddy accidently filled in items 61 and 52 so he got this back from NVC.   Any recommendation on the best way to proceed?

    The above petition has been approved. However, you indicated on the petition that the beneficiary intends to apply for an immigrant visa abroad at a U.S. 
    Embassy or a U.S. Consulate and will also apply for adjustment of status in the United States. Since you have indicated both options, USCIS has retained 
    the petition.
     
    If the beneficiary intends to apply for adjustment of status in the United States, they should submit a copy of this notice, along with a Form I-485, 
    Application to Register Permanent Residence or Adjust Status. They can obtain Form I-485 from the USCIS website at www.uscis.gov, by contacting the 
    USCIS National Customer Service Center (NCSC) at 1-800-375-5283, or by visiting the local USCIS field office. Filing address information can be found 
    on the USCIS website at www.uscis.gov.
     
    If the beneficiary decides to apply for an immigrant visa outside the United States based on this petition, you should file Form I-824, Application for Action 
    on an Approved Application or Petition, to request that we send the petition to the U.S. Department of State National Visa Center (NVC).

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    2 hours ago, Ontarkie said:

    It comes in at the Interview

     

    This should be all that is needed.

     

     

    Is your friend a USC? I would like to move this thread if he is. 

    Yes he is the USC. 

     

    I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    19 minutes ago, RnJ2021 said:

    The relationship between the child's parents is difficult. When does she have to show the parenting agreement that allows her immigrate to the USA? I-130 at USCIS or NFC? 

    TIA

    Digging through the files, there is a 2018 Ukrainian court order that states the child's residence shall be determined by the mother.

     

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