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Sweetcheeksss

Freakin out

By Sweetcheeksss in National Visa Center (Dept of State)

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Sweetcheeksss Rising Star

Sweetcheeksss   91

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Ok I REALLY need help with this...

I have a minor son from a previous marriage, he is 15.

Our immigration attorney filed for us an I-129F and I-130. She is aware that I have a son AND that he was coming with me to the US. She included him under me on our I-129F. When she filed for us, she explained to me that *if* they both got approved at the same time, the I-129F would be closed.

I read on VJ a topic in regards to step-children and saw something to effect that EVERY person coming to the US had to have their OWN I-130 application. So I get kinda scared and call the attorney, she assures me everything is fine and that he'll be ok *if* our I-129F gets closed.

Guess what...

I call the NVC - they give me my case number AND MY SON IS CERTAINLY NOT OK!!

The operator tells me we have to file an I-130 and I'm freaking out cause I'm at the NVC stage and my son's application isn't even FILED...

OMFG can you imagine that a freakin lawyer that specializes in IMMIGRATION didn't know that!!????

I'm TOTALLY freaking out now because what are my options????

Obviously we have to file for my son, do you think the USCIS would expedite his application so it could bet caught up to mine?? My hubby is military, we were approved for expedited service thru the CSC???

GAH I am so freakin mad right now, seriously, I am considering calling the bar association where the lawyer practices and making a complaint.

Please, if anyone has any advice to offer I would REALLY appreciate it.

NArocks Mentor

NArocks   13

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

First of all BREATH , Your case can sit at the NVC for up to year, File the ( have your USC Spouse I mean ) I-130 for your SON Post haste it should be at NVC within 6 moths hopefully. Also make sure when you do get to the NVC stage that you have either a sole custody doc or a letter from the father allowing the child to immigrate tot he US. Relax your son's case once at NVC can be matched up to yours. Inform the NVC of this so they knwo you plan to continue to process yours once his is there :)

PS I filed in May of 07 for my step kids and had approval from USCIS in July of 07 and on to NVC it went

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Sweetcheeksss Rising Star

Sweetcheeksss   91

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted

Thanks NArocks.

What makes me SO incensed is the fact that

1) we PAID the lawyer up front

2) the lawyer exclusively practices immigration law

3) she included my son on our I-129F application but at NO time did she say to us "Well, since he's included on your I-129F application and since there's a 99% chance it'll get closed if it gets approved by USCIS at the same time, why don't I suggest to you to also file an I-130 for him at the same time as yours"

OMG I am so mad that now, potentially, there could be an extra 3 months tacked on to our wait time GAH

NArocks Mentor

NArocks   13

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

Another Lawyer horror story, sorry for that..........

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted (edited)

well - the good news.

can get some speed at USCIS with an EXPEDITE REQUEST, when you file a new I-130 for the child.

Either the military one (again, you have to ask for it)

or

you qualify since you already have approved I-130 on a CR-1, and it's a CR-2 (filed with new I-130 petition).

Here's some recent discussion about it (I'm too tired to retype) - have a read? --> http://www.visajourney.com/forums/topic/255138-k3-k4-visa-converted-to-cr-1-by-national-visa-center/

Basically, stall at NVC for the spouse's casefile, until the child's casefile catches up. Figure 2 to 4 months (maybe even less) until it catches up to the spouse's casefile, at NVC (with the expedite in place).

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

BigSigh Experienced

BigSigh   12

Posted
Filed: IR-1/CR-1 Visa Country: Peru
 Timeline
Posted

Sorry to hear that. Hopefully it will all get taken care of quickly. Good luck with everything!

*~Cr1 Journey~* CSC

-NOA 1 Receipt date: 3/1/10 (sent 2/18/10)

-Touched 4 different times in between

-APPROVED: 6/2/10

93 days from NOA1 to NOA2

-Received NVC case number: 6/9/10/10

-Gave NVC my e-mail address & e-mailed DS3032: 6/10/10

-Received NVC e-mails (DS3032 and AOS Fee)& paid AOS fee: 6/11/10

-AOS Fee shows as PAID & paid IV Bill: 6/15/10

-IV Bill shows as paid: 6/6/10

-Received IV instruction packet: 6/8/10

-Received dox from co-sponsor: 10/14/15/10

-Sent AOS package: 10/18/10

-AOS package received: 10/19/10-J.Desmond

-IV Package mailed out: 11/3/10

-AVR says I have an RFE: 11/5/10

-NVC operator told me what my RFE's are: 11/8/10

-NVC sent checklist letter (for the 2 AOS RFE's): 11/13/10

-NVC operator says the IV package has been entered: 11/18/10

-E-mailed SUE to see if that would do anything (3 diff times...): 11/29/30/10

-Sent AOS RFE's: 12/1/10

-AOS RFE's received: 12/2/10

-Checked payment portal for fun (SIF!!!!): 12/3/10

-AVR still say AOS missing info: 12/3/10

-NVC operator says case was shipped to USE in Lima: 12/3/10

-Received interview date (12/13/10): JANUARY 6th, 2011!!

-Medical: 12/21/10- Passed :)

-Interivew: 1/6/11- PASSED :D

-Visa received- 1/13/11

-POE FLL- 1/23/11 YES! BUTTTTTTT....still not reunited :'( (Reunited on the 24th)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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