AP, embassy wants proof of my wife legal status????

[yomi0518 8]

Im a Green card holder im peticioner my step son he went to his visa interview and the co put him on ap 2 months ago askin for mother and son DNA and the results was fine now they ask for my wife resident card and we dont have it yet because im lpr and we waiting until i get citizen .... I send them the i130 approved for my wife and they respond that until my wife send them the resident card they will hold my stepson visa on Ap.....what can i do please help me thanks

[Americ@ 34]

Its a sucky situation ... well you cant do anything i think you should do what they have requested .

[Harpa Timsah 13,258]

Because the visa is for family reunification, and the kid's mom is living in the US illegally and can be deported at any time. I guess the embassy doesn't want to send a kid to a mom that is illegal in the US, because if she got deported the kid would be stuck there.

[yomi0518 8]

I consult with 3 diferents lawyers and all 3 told me the same thing that unlawful mother in us is not a reason to deny or hold an visa , they have another reason they must think that our case is fraudulent because the case is with fpu deparment

[Ghanasco 4]

The first thing you could have done is to file for your wife, and the step son will be her dependent on the same I-30. You can't start with step son while the mother is illegal in the US.

[yomi0518 8]

It make sence but why my stepson is with fpu?????i have a colombian friend with same situation and her daughter visa was issue and my friend have deportation case and they still issue her visa... The rules should be for everybody ...but like the lawyers said the fact that my wife is illegal is not a reason for deny or hold an immogrant visa ... They just playing with people time and life

[Darnell 8,478]

if your wife is in country now, and you have an approved i-130,

i say file the I-485 now.

apparently something has changed, no more queue.

FWIW, your step son cannot pursue a CR-2 visa, as the primary person holding a CR-1 visa; well, they have no status at the moment until green card in hand. The step son is a derivative on the primary, and the primary holds no status. Can't successfully issue the visa for a CR-2 until the primary has some status.

Here's a notice for the changeup for August:

http://www.visajourney.com/news/2013/08/18/f2a-family-category-to-be-current-in-august/

Edited August 27, 2013 by Darnell

[yomi0518 8]

Thanks for your reply ...dont know what cr1 or cr2 means but my stepson case is F2A

[Darnell 8,478]

ah - sorry - is still the same problem. He's a derivative on his mother. Mother have no status, he can't be awarded status.

[Harpa Timsah 13,258]

OP can't file for wife because wife overstayed and OP is LPR. AOS will be denied.

[yomi0518 8]

I don't really get this, now embassy is giving the option if I don't have my wife resident card yet that they wants a joint interview with Me and wife(15 days ago) and I told them IM not going because my wife going to get her green card inside USA ...now I sure that they thinking my relation ship is a fraud ...that is why they holding my stepson visa not because is mother resident card ...now with out email them I got 2 update and call DOS about my case they said the officer is checking DNA result when they finish they contact you ...IM very confused

[Shiobhan 235]

To not go is to indicate there's fear for the Stoke interview

did u use an atty at the beginning of filing/ whenever one has

a mate out of status the smart thing to do is hire an atty, never

go filing papers on your own...of course the dna will be positive

its her child...fpu wants to verify u both have a bonafide marriage,

if u go get an atty it's a good idea, telling them "u not coming & she

will get gc here" is not very smart, it also put your GC status in jeopardy

since u R not a usc yet.

immigration may be a hadache but don't try butting heads with

uscis or DOJj

[yomi0518 8]

I have contact a lawyers they all agree that embassy don't belive our relationship but the fpu don't even ask me for proof of our 4 years relationship .... That's not fear ..... And they give the option of resident card of my wife or the joint interview so I take the resident card and I'll send to them when I got it......

[Jawaree 717]

I have contact a lawyers they all agree that embassy don't belive our relationship but the fpu don't even ask me for proof of our 4 years relationship .... That's not fear ..... And they give the option of resident card of my wife or the joint interview so I take the resident card and I'll send to them when I got it......

[/

Dude what do u mean option of resident card for wife OR joint interview

I think they are saying both of u come in for an interview and then a resident

card can be issued if its not a fraud marriage, consider that u LPR will have troubles

too if U both don't show up and its denied as fraudulent. How old is u and your

wife (may I ask) and what country are U from are there red flags? goodluck mate

[Boiler 45,360]

How old was the child when you married?