confused

[rainysabel 0]

Hi everyone:)

I got an email from the nvc about the immigrant visa application processing fee bill invoice, it was stated the amount to be paid is $230, my question is since im the principal applicant, do my dependent child who is travelling with me if visa is approved needs to pay the visa fee too?

Anyone who can share their knowledge about this is much appreciated. Thank u

[NikLR 13,227]

Everyone who is applying for an immigrant visa needs to pay the $230 IV (immigrant visa) fee and submit the appropriate paperwork. If the child is not a USC they need to have an approved I-130, a NVC case number, and will need to have the IV bill paid and the DS-230 and appropriate accompanying documents sent. (Birth certificate for a child)

[pushbrk 12,824]

Hi everyone:)

I got an email from the nvc about the immigrant visa application processing fee bill invoice, it was stated the amount to be paid is $230, my question is since im the principal applicant, do my dependent child who is travelling with me if visa is approved needs to pay the visa fee too?

Anyone who can share their knowledge about this is much appreciated. Thank u

Does your child have an approved I-130 at NVC? If yes, then yes, pay two fees.

[rainysabel 0]

No, we did not file a separate petition because my husband asked a lawyer before sending the i 130. The lawyer said that our petition serves as one since we put my child's name on the form for question, name of person who will accompany you to the us now.

[NikLR 13,227]

It doesn't work that way. The child needs their own approved I-130. I would slow down the NVC until the child's I-130 catches up with the parent's.

[rainysabel 0]

Really? Oh wow, does it mean we need to file for my child and wait for approval? But we do include our child's documents when we file like, birth cert, her own g325a form etc.

[apple21 953]

Really? Oh wow, does it mean we need to file for my child and wait for approval? But we do include our child's documents when we file like, birth cert, her own g325a form etc.

Yes, the child needs to have his/her own i-130 (no need for g325a), since your petitioner is a US citizen. Derivative applicants are not allowed in the IR1/CR1 category.

If your petitioner is a Green Card Holder/LPR, then no need to file a separate i-130 for the child as derivatives are allowed in the F2A category.

[NikLR 13,227]

Really? Oh wow, does it mean we need to file for my child and wait for approval? But we do include our child's documents when we file like, birth cert, her own g325a form etc.

Yes the USC would need to file the petition (I-130) with the relevant documents as per the I-130 instructions and wait for that to be approved. If you slow down the beneficiary's NVC then the child should be able to catch up so they can interview and immigrate together. I would send along an expedite request with a copy of the parent's NOA2.

[rainysabel 0]

Thank you so much for the info:)

[pushbrk 12,824]

Really? Oh wow, does it mean we need to file for my child and wait for approval? But we do include our child's documents when we file like, birth cert, her own g325a form etc.

If your husband is a US Citizen, yes, you need to file for the child. If he's a permanent resident, not a citizen, your attorney was right. Is your husband a US Citizen?

[rainysabel 0]

yes...my husband is a usc

[pushbrk 12,824]

yes...my husband is a usc

Then you'll need to file an I-130 for the child. You can hold on your I-130 at NVC until the child's petition catches up. The lawyer gave correct advice for a fiancee and child, but it doesn't work that way for the spouse and stepchild of a US citizen. Perhaps he was thinking about a K3 visa, where you CAN file the child's petition after they get here. With your I-130 approved, it's too late to try that route now, and it hasn't really worked since February, 2010 anyway.

[rainysabel 0]

ok. so how can we request to expedite my child's petition?

[NikLR 13,227]

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I would send a letter detailing why your husband wants the expedite along with a photocopy of YOUR NOA2. He should also call after getting NOA1 from the USCIS and keep on top of them until they've looked into it.