K3, K4 Visa converted to CR 1 by National Visa Center

[zackmanx7 0]

Hello:

I need serious help. My wife and I applied for K3,k4 Visa in October 2009. All documents approved and sent

to the National Visa Center. In February the National Visa Center Electronic informed me that K3 and K 4 Visa applications were being converted to CR 1. Not once did the National Visa Center inform either of us our 2 1/2 year old son was no longer attached to my wife's Visa.

All of the documentation submitted from start to finish included our son. Even the DS 230 application was inclusive of our son. The National Visa Center completed our file and set an appointment for June 1, 2010 Visa Interview.

I contacted the Guangzhou Embassy 5/3/2010 to confirm some things. I was informed our 2 1/2 year old son could not immigrate to United States on my Wife's CR1 Visa. I had to start all over with I 130 application for our son.

I got a Washington DC number. Visa office who would oversee all US Embassy's. They also told me with the change in February our son was not included on my wife's CR 1 Visa. They were very sorry, but there were other cases just like my situation. Anyone have any ideas?

[milimelo 4,194]

Hello:

I need serious help. My wife and I applied for K3,k4 Visa in October 2009. All documents approved and sent

to the National Visa Center. In February the National Visa Center Electronic informed me that K3 and K 4 Visa applications were being converted to CR 1. Not once did the National Visa Center inform either of us our 2 1/2 year old son was no longer attached to my wife's Visa.

All of the documentation submitted from start to finish included our son. Even the DS 230 application was inclusive of our son. The National Visa Center completed our file and set an appointment for June 1, 2010 Visa Interview.

I contacted the Guangzhou Embassy 5/3/2010 to confirm some things. I was informed our 2 1/2 year old son could not immigrate to United States on my Wife's CR1 Visa. I had to start all over with I 130 application for our son.

I got a Washington DC number. Visa office who would oversee all US Embassy's. They also told me with the change in February our son was not included on my wife's CR 1 Visa. They were very sorry, but there were other cases just like my situation. Anyone have any ideas?

File I-130 for the son and then try to get it expedited.

[trailmix 77]

I hate to ask the obvious, but I just want to make sure all bases are covered.

This is your biological child? Have you checked that he does not have derivative citizenship?

[payxibka 10,044]

Hello:

I need serious help. My wife and I applied for K3,k4 Visa in October 2009. All documents approved and sent

to the National Visa Center. In February the National Visa Center Electronic informed me that K3 and K 4 Visa applications were being converted to CR 1. Not once did the National Visa Center inform either of us our 2 1/2 year old son was no longer attached to my wife's Visa.

All of the documentation submitted from start to finish included our son. Even the DS 230 application was inclusive of our son. The National Visa Center completed our file and set an appointment for June 1, 2010 Visa Interview.

I contacted the Guangzhou Embassy 5/3/2010 to confirm some things. I was informed our 2 1/2 year old son could not immigrate to United States on my Wife's CR1 Visa. I had to start all over with I 130 application for our son.

I got a Washington DC number. Visa office who would oversee all US Embassy's. They also told me with the change in February our son was not included on my wife's CR 1 Visa. They were very sorry, but there were other cases just like my situation. Anyone have any ideas?

I assume your son is not your biological son and therefore does not have a potential claim to US citizenship

also, NVC processes files and does not provide guidance or advice on the finer points of the immigration process. They assume that the peitioner has knowledge or has engaged it (ie. lawyer). It is unfortunate you find yourself in this situation

Edited May 5, 2010 by payxibka

[Darnell 8,478]

I've run into this situation, for a Guanghzou-bound petition.

I know - it sucks - you've already waited this long.

If the K-4 was handled properly, you were supposed to have filed a 2nd I-130 for the child - most people do that at the same time the spouse's I-130 was filed.

If you did not file a 2nd I-130 for the child, with the 1st I-130 -

Now you have to file new I-130 for the child.

You can get some expedite done when you file the new I-130, though, if you reference

'EXPEDITE, APPROVED I-130 Petition for Mother, USCIS # XXX-2010xx0032' in:

1. the coverletter

2. the top page of the I-130

3. the top page of the G-325

4. the outside of the envelope (omit case #)

and write that 'expedite' phrase in red ink, for 2,3,4.

Other things -

--You need to do NVC Processing on each I-130 casefile. see

DS-230 - http://travel.state.gov/visa/immigrants/info/info_3190.html

I-864 - http://travel.state.gov/visa/immigrants/info/info_3730.html

General NVC stuff - http://travel.state.gov/visa/immigrants/info/info_1335.html

--You have option to OPT IN for NVC Electronic Processing - this will save some time LATER, after NVC is finished with the file - see http://www.visajourney.com/wiki/index.php/NVC_Electronic_Processing

----

re: 'our son' - If you were a USC when the son was born, and if this is your biological son, then instead of needing a K4 visa, or a CR-1 visa - you need to file a 'Consulate Record of Birth Abroad', CRBA, at the 'homed' US Consulate/Embassy in China, and apply for US Passport. IF the child is yours, and you meet USC requirements, no need to file any further petition for the child.

---

Please clarify?

1 I-130 petition filed for yer spouse and

1 I-130 petition filed for the child

or

What NOA-1, Notice of Action Formletters, do you have, and on WHICH petition(s) ?

---

Edited May 5, 2010 by Darnell

[zackmanx7 0]

File I-130 for the son and then try to get it expedited.

Thanks, but how many more months does this take?

[zackmanx7 0]

I hate to ask the obvious, but I just want to make sure all bases are covered.

This is your biological child? Have you checked that he does not have derivative citizenship?

No, we thought about this. There is no father listed on the birth certificate. We tried to show me

as the father in Zhengzhou, but supervisor review at their civil affairs office caught the change.

[zackmanx7 0]

I've run into this situation, for a Guanghzou-bound petition.

I know - it sucks - you've already waited this long.

If the K-4 was handled properly, you were supposed to have filed a 2nd I-130 for the child - most people do that at the same time the spouse's I-130 was filed.

If you did not file a 2nd I-130 for the child, with the 1st I-130 -

Now you have to file new I-130 for the child.

You can get some expedite done when you file the new I-130, though, if you reference

'EXPEDITE, APPROVED I-130 Petition for Mother, USCIS # XXX-2010xx0032' in:

1. the coverletter

2. the top page of the I-130

3. the top page of the G-325

4. the outside of the envelope (omit case #)

and write that 'expedite' phrase in red ink, for 2,3,4.

Other things -

--You need to do NVC Processing on each I-130 casefile. see

DS-230 - http://travel.state.gov/visa/immigrants/info/info_3190.html

I-864 - http://travel.state.gov/visa/immigrants/info/info_3730.html

General NVC stuff - http://travel.state.gov/visa/immigrants/info/info_1335.html

--You have option to OPT IN for NVC Electronic Processing - this will save some time LATER, after NVC is finished with the file - see http://www.visajourney.com/wiki/index.php/NVC_Electronic_Processing

----

re: 'our son' - If you were a USC when the son was born, and if this is your biological son, then instead of needing a K4 visa, or a CR-1 visa - you need to file a 'Consulate Record of Birth Abroad', CRBA, at the 'homed' US Consulate/Embassy in China, and apply for US Passport. IF the child is yours, and you meet USC requirements, no need to file any further petition for the child.

---

Please clarify?

1 I-130 petition filed for yer spouse and

1 I-130 petition filed for the child

or

What NOA-1, Notice of Action Formletters, do you have, and on WHICH petition(s) ?

---

There was only one I 130 form filed along with an I 129f. Both were approved by the California Service center at the same time. Even the DS 230 application listed our son to accompany my wife on her visa. NVC approved, never said a word and scheduled the appointment anyway.

[Darnell 8,478]

Ah - got it. Thanks !

Yup - time to file new I-130 for the child.

I've posted a bunch of info and links already - have a longish read, pay particular attention to the 'expedite' thing that I mentioned.

What's the interview date at GUZ? You can request the interview date be postponed, as well.

Good Luck !

Edited May 5, 2010 by Darnell

[zackmanx7 0]

Hello:

I called a Washington D.C. Visa Service number 202-663-1225. They mentioned the I 907 Premium Expedited Processing

service for filing a new I 130 for my infant son. Cost is $1000.

Has anyone used this Premium Expedited service? Or is it worth $1000?

I need serious help. My wife and I applied for K3,k4 Visa in October 2009. All documents approved and sent

to the National Visa Center. In February the National Visa Center Electronic informed me that K3 and K 4 Visa applications were being converted to CR 1. Not once did the National Visa Center inform either of us our 2 1/2 year old son was no longer attached to my wife's Visa.

All of the documentation submitted from start to finish included our son. Even the DS 230 application was inclusive of our son. The National Visa Center completed our file and set an appointment for June 1, 2010 Visa Interview.

I contacted the Guangzhou Embassy 5/3/2010 to confirm some things. I was informed our 2 1/2 year old son could not immigrate to United States on my Wife's CR1 Visa. I had to start all over with I 130 application for our son.

I got a Washington DC number. Visa office who would oversee all US Embassy's. They also told me with the change in February our son was not included on my wife's CR 1 Visa. They were very sorry, but there were other cases just like my situation. Anyone have any ideas?

[Bernie C 24]

Darnel, where are you?

To the OP - need to establish something first here, is the child your child? If the child is the offsping of you and your wife, then I don't think the child requires a visa. You need to file for birth of child abroad get the little one a US passport. That would solve this issue altogether.

Just need that clarified.

Where the heck is Darnel when you need him

[Darnell 8,478]

Are you the biological father, or no ?

[Darnell 8,478]

Oh - I'm around - I've NO Experience with paying for premium processing - I thought premium processing was NOT available for any I-130 petition for spouse or child. I wrote up a lot on his prior topic - so

I'm hoping someone who DOES have experience paying this premium fee, will chime in.

IMO, the I-907 is for work visas - but I'm solely basing that on http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCRD

If the OP is certain about this type of petition being eligible, then I've no real input about it.

In other errata - IF the OP is the biological father, and was a USC for 5 years prior, when the child was born, all of this is moot - he can file CRBA instead.

Edited May 5, 2010 by Darnell

[zackmanx7 0]

Darnel, where are you?

To the OP - need to establish something first here, is the child your child? If the child is the offsping of you and your wife, then I don't think the child requires a visa. You need to file for birth of child abroad get the little one a US passport. That would solve this issue altogether.

Just need that clarified.

Where the heck is Darnel when you need him

Sorry, I thought I sent a reply to you. No, the child is not my biological son. He has no father listed on

his birth certificate though

[Darnell 8,478]

Thanks, but how many more months does this take?

Anywhere from 5 to 13 months, depending on many things:

--which service center gets the I-130 petition (CSC is usually faster)

--use NVC Electronic Processing or not (shaves off waiting time between 'NVC OUT' to 'GUZ OPEN CASEFILE')

--any RFEs

--Successful Expedite Approval on the I-130 initial submission. THIS CAN BE DONE without paying a fee, btw.

--caseload at USCIS

--caseload at NVC

IMO, this I-130 for a CR-2 petition SHOULD GO FASTER through the system, even without the expedite, as background checks on you and the mother have already occurred.

You'll need to prep a paragraph on expediting in the cover letter for the submittal, and also a seperate letter requesting expedite as well. (IMO)