2 x I130 filed - only 1 NOA received with tracking number

[JNEKG 4]

Hi

Can anyone tell me how things work when you file two petitions - do you receive separate NOA's?

My husband (USC) has filed for me and our son however we have only received one notification from USCIS. It was our NOA1 with a case number for USCIS but should we (my son and myself) receive a case number each?

If anyone has had this experience, please let me know.

Also, if I am supposed to receive two notifications, what should I do?

Thanks in advance.

[Oksana & Max 94]

Since your child can't get visa on his own, and he have to qualify with you, you will only have one case number.

[Alaska2012 462]

If your husband is the father your son will not need to apply for a visa as such, you should instead apply for him to be american citizen and get him an american passport.

Is you husband not the father then you apply for a visa and YES you should recieve two case numbers. If this is the case, call the uscis and ask them what's going on.

I have just been through this myself, my son and I got different case numbers since it is two different cases. I'm also pregnant with a little girl and since my husband, a usc, is the father no visa is necessary she'll be an american by birth (with a ton paperwork to be presented of course)

Good luck

[JNEKG 4]

Thanks for the info but i am still confused.

My husband is the father of my son (who we are petitioning for) however the law in Australia states (now) that the father must have resided in the USA for at least 1 year prior to the birth of the child which my husband did not. If he has an alien spouse (which he does - ME) then the requirement is that he has had to live in the US for 10 years prior to the birth of the child for him to automatically qualify for citizenship through parentage. It is a relatively old rule but still in existence here in Aus.

So, we have had to apply for our son along with my application. If two case numbers are required then I will have to call the USCIS. My son is only four, so perhaps they have only given us one case number?

I think I better call to find out anyway.

Thanks

[Alaska2012 462]

Thanks for the info but i am still confused.

My husband is the father of my son (who we are petitioning for) however the law in Australia states (now) that the father must have resided in the USA for at least 1 year prior to the birth of the child which my husband did not. If he has an alien spouse (which he does - ME) then the requirement is that he has had to live in the US for 10 years prior to the birth of the child for him to automatically qualify for citizenship through parentage. It is a relatively old rule but still in existence here in Aus.

So, we have had to apply for our son along with my application. If two case numbers are required then I will have to call the USCIS. My son is only four, so perhaps they have only given us one case number?

I think I better call to find out anyway.

Thanks

No you will still recieve 2 case numbers! My son is 6 and he got his own number both from the uscis and the nvc.

But why are you following australian rules? Since it's an american citizenship you want for your son you need to follow the american rules. And they don't have different rules depending on where in the world the baby is born.

[JNEKG 4]

They are the rules stated by the American consulate in Australia. I will call USCIS and check about the case number. I will also check with the consulate again.

[JNEKG 4]

I should add, I only have one receipt number from the USCIS starting with WACxxxxxxxxx. Perhaps I will get two case numbers once it reaches the NVC? Also, both checks that were sent for these petitions have been cashed.

I can't call USCIS now as they are closed. Will have to wait till Tuesday morning my time.

[reginakrys 33]

We filed two petitions also - one for me, and one for our daughter (biological). We got separate NOA-1's from USCIS. My husband isn't eligible to pass on citizenship to her because he hasn't met the residency requirements of at least 5 years, 2 of which have been after the age of 14. This is true for children born after the year 1986. You mentioned that your son is still 4, so I think your husband and mine would have to fulfill the same residency requirements.

Birth Abroad to One Citizen and One Alien Parent in Wedlock

A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.

http://www.travel.state.gov/law/citizenship/citizenship_5199.html

[JNEKG 4]

Quick update. Got hard copy NOA1's today for me and my son. Separate reciept numbers. Checked the USCIS website and we are both approved. Worried for nothing. Now we just have to wait for an NVC case number.