I-130 for dependant child

[Created 6]

Does anyone know whether I can file the I-130 for my 11 year old dependant child when I get to the US. We want to go with the I-130 not the K3, and we only filed the initial I-130 for me to get the K3/K4 ball rolling (with the intention of filing the child's I-130 at the same time as the I-485), but now the I-130 has been approved ahead of the K3. Does anyone know what we should do???

(I've also posted to the USC bringing your family to US forum - please forgive the duplication)

[dmd01708 3]

Your I-130 is for you alone if you want both your child and yourself to enter under the I-130 route then you need to submit one for the child too.

With the k3 the child rides along on your k3 application but with the I-130 eveyone has to have their own petition going.

Donna

[Created 6]

Your I-130 is for you alone if you want both your child and yourself to enter under the I-130 route then you need to submit one for the child too.

With the k3 the child rides along on your k3 application but with the I-130 eveyone has to have their own petition going.

Donna

Ok, so are there any options as to how and when we file? With the K3 you still have to file the I-130 for the child, but you have the option to file at a later date. Instructions advise that the I-130 is filed from the outset for each relative applying for CR1, but does not say that it absolutely has to be done at that time. We didn't, because we didn't expect the I-130 to clear before I entered the US on a K3................I'm hoping there's another way...even if it's complex.

Edited April 9, 2006 by RMHurd

[meauxna 15]

Your I-130 is for you alone if you want both your child and yourself to enter under the I-130 route then you need to submit one for the child too.

With the k3 the child rides along on your k3 application but with the I-130 eveyone has to have their own petition going.

Donna

Ok, so are there any options as to how and when we file? With the K3 you still have to file the I-130 for the child, but you have the option to file at a later date. Instructions advise that the I-130 is filed from the outset for each relative applying for CR1, but does not say that it absolutely has to be done at that time. We didn't, because we didn't expect the I-130 to clear before I entered the US on a K3................I'm hoping there's another way...even if it's complex.

If you want to use the I-130 to enter with, the child must have their own I-130. Clearly they will not approve at the same time, so child will be behind you a bit.

The other option your asking about is worth calling a lawyer about and asking very careful, private questions. Usually people get trashed here when suggesting that method for a spouse; nothing changes because it's a child.

You can of course control the speed that your I-130 gets through NVC and on to the Consulate. Maybe the child's I-130 can catch up by then?

[Created 6]

Your I-130 is for you alone if you want both your child and yourself to enter under the I-130 route then you need to submit one for the child too.

With the k3 the child rides along on your k3 application but with the I-130 eveyone has to have their own petition going.

Donna

Ok, so are there any options as to how and when we file? With the K3 you still have to file the I-130 for the child, but you have the option to file at a later date. Instructions advise that the I-130 is filed from the outset for each relative applying for CR1, but does not say that it absolutely has to be done at that time. We didn't, because we didn't expect the I-130 to clear before I entered the US on a K3................I'm hoping there's another way...even if it's complex.

If you want to use the I-130 to enter with, the child must have their own I-130. Clearly they will not approve at the same time, so child will be behind you a bit.

The other option your asking about is worth calling a lawyer about and asking very careful, private questions. Usually people get trashed here when suggesting that method for a spouse; nothing changes because it's a child.

You can of course control the speed that your I-130 gets through NVC and on to the Consulate. Maybe the child's I-130 can catch up by then?

Thanks for the direction..........it's a genuine situation....not trying to jump the que or offend anyone

[wally 0]

my husband petitioned for my kids I-130 long after my petition was approved. (we misunderstood the process) If you are going to use the I-130, each individual must have their own I-130.

My case completed before my kids did. Fortunately, with a lot of phone calls and emails, I was able to get my kids' cases expedited and they interviewed at the same time as me.

We entered with CR1 and CR2's.

I don't understand your question. If you have a I-129 approved, then your child will receive derivative status from your petition.

I would call USCIS and ask if they would approve the 2 type of petitions filed within the same family. Seems to me it's a 'blurring' of the lines and they may be a problem when USCIS puts the two petitions together. Stuff like I-864's.

[meauxna 15]

Thanks for the direction..........it's a genuine situation....not trying to jump the que or offend anyone

Naw, I don't think so. I feel differently about parents and kids on that topic, but that's me, an old softy.

I spent some time looking yesterday--this has come up many times before, you know. I just couldn't remember all the details. I think wally'####### it spot-on: get the I-130 going and ask for an expedite to catch it up to yours.

There was a poster here named gemmacat (might have to go back to the archive searches) and I think she faced the same issue. I know if you do some hunting around in the archives, or even post to the britishexpats marriage group, that you'll find some previous cases like yours.