Stand alone I-130 for stepchild(ren)

[beejay 123]

Hi Beejay, Im still here. Serenity did give me excellent advice, but unofortunately I havent been able to follow up. I asked my M-I-L for some type of medical paperwork showing her heart issue, and she hasnt been able to provide me with any. I dont know if its exaggeration on the my husbands brother's part, or what, but Ive just been sitting tight.

I think this is soo freaking unfair the way they are processing these I-130s, but what can I do. I even thought about filing again since it seems that people are being approved within two months, but I dont have the money to throw away.

-Still frustrated.

I can't imagine the frustration you are going through. You don't need to share the actual details but was there an incident that happened that prompted your husband's brother to say this? An emergency visit to the doctor/hospital? I don't think that going around MIL is a good idea but if there is a serious condition could your husband's brother provide any documentation? I can see how it would be hard to know what to do when you don't really know what is going on. Is your MIL denying there is an issue or just not providing documentation?

This month should really bring approval of your petition. Hoping you hear soon.

[lucy4 11]

I can't imagine the frustration you are going through. You don't need to share the actual details but was there an incident that happened that prompted your husband's brother to say this? An emergency visit to the doctor/hospital? I don't think that going around MIL is a good idea but if there is a serious condition could your husband's brother provide any documentation? I can see how it would be hard to know what to do when you don't really know what is going on. Is your MIL denying there is an issue or just not providing documentation?

This month should really bring approval of your petition. Hoping you hear soon.

Brother in law is here, not there, but in another state. He is the one bringing mother in law to stay with him, supposedly to deal with her health. She is trying to hold out, since she is the main caregiver for stepdaughter. We had no idea it would take this long, and although she downplays the health problem and says she will try to hold out for her granddaughter. We dont want to be the ones responsible if there is a serious problem and she doesnt leave. She has visa and everything, but she is trying to stay there for her granddaughter.

[beejay 123]

Brother in law is here, not there, but in another state. He is the one bringing mother in law to stay with him, supposedly to deal with her health. She is trying to hold out, since she is the main caregiver for stepdaughter. We had no idea it would take this long, and although she downplays the health problem and says she will try to hold out for her granddaughter. We dont want to be the ones responsible if there is a serious problem and she doesnt leave. She has visa and everything, but she is trying to stay there for her granddaughter.

Is MIL implying she wants to leave for the US to get healthcare or be cared for by the brother but is remaining only to take care of your daughter? What a difficult situation. I think unless MIL tells you that she is having trouble caring for your daughter or you have direct evidence that there is cause for concern I don't see that there anything you can do at this point...

[lucy4 11]

Is MIL implying she wants to leave for the US to get healthcare or be cared for by the brother but is remaining only to take care of your daughter? What a difficult situation. I think unless MIL tells you that she is having trouble caring for your daughter or you have direct evidence that there is cause for concern I don't see that there anything you can do at this point...

Exactly. She wants to leave soon, and is only staying to take care of our daughter. I really hope the health thing isn't anything too major because at the rate VSC was moving, it's one week per month. I'm actually not expecting noa2 before another two months or so. I'm losing patience.

[keljopy 1]

Welcome keljopy! I think CR vs IR issuance is dictated based on arrival at POE. So as long as they arrive after the 2 year anniversary they should be ok. Reminding the officer during POE that they are eligible and should receive the 10 year greencard should take care of that. Being away from his kids was also difficult for my husband. It's so nice to finally have them here.

Looking around, it looks like you're right. That's great, one less thing to think about time-wise; we'll just have to make sure the interview is less than 6 months from the end of their school year when we'd bring them at the earliest, since that's after our two year anniversary anyway.

[beejay 123]

Looking around, it looks like you're right. That's great, one less thing to think about time-wise; we'll just have to make sure the interview is less than 6 months from the end of their school year when we'd bring them at the earliest, since that's after our two year anniversary anyway.

Remember that you can also stretch things out at the NVC stage too. Once your petition is approved and sent to NVC you can take your time paying fees and submitting documents. You can take up to a year in between submitting documents to keep your case active.

[ppihtr123 68]

I filed a 130 for each of my 2 stepsons (each unmarried and under age 13, IR2) on 11/8/2012 (108 days and counting) who are not in the US (in Philippines) so I am expecting NVC processing. After calling last week and getting to tier 2 support, I was told that the cases had been moved to Arlington Virginia office which I thought was strange as the Washington DC office is located in Fairfax, Va. After looking up the office it appears that it is an ASYLUM office. We did not apply for asylum for them, only simple 130s. I am a USC, I have no issues with sponsorship or qaulifying income, have not received any RFEs for any case, and stepsons were both issued MSCxxxxxxxxxx numbers.

By the way, I also filled for my wife (natural mother) the same day (11/8) with 130/485 concurrently and she has already completed (including interview at Fairfax location) and has Conditional GC in hand.

So the question is why would a simple 130 which should go to consulate processing through NVC end up in an ASYLUM office when the beneficiaries are not in the US?

I have now setup an INFOpass appointment at the Fairfax office (in early march) but was wondering if anyone has had a similar situation.

[evoria 19]

When last I posted I was waiting on USCIS to approve the second of my step daughters. Situation: One was approved however the younger of the two was not. Good news: On the 19th of February we received an email that the second daughter had been approved, three weeks after the first, but whatever we are happy. I then began to get concerned because we had not heard from NVC regarding the first daughter. I called NVC and the woman told me they did not have anything from USCIS regarding her. UUUUGG! She said I should request research on her case with the NVC, because there is no indication that they had ever received her package. What is going on, anyone else having similar problems? So what does that mean, I sent "the research email" with an attached copy of the approval. Does this mean her case has to be found or can I just send NVC copies of what I sent USCIS?

[sdunning2002 0]

My wife and I were recently married in the US. She is here on a B-2 visa. She has 2 children 5yr old, Costa Rican Citizen and 7yr old US citizen. We plan on concurent filing for my wife and at the same time consular filing for her 5yr old. Dose anyone know if I have to wait until my wife's case is approved unitl I can submitt the consular filing for my step daughter? or can I file the two packages at the same time.

[velrich 50]

hey beee jaaayyyyy

so glad all that frustration ended okay and you are enjoying sweets and ice cream with your kids LOL..how AWESOME..so they will be starting school mid semester? okay well they are young right?? i bet that will be a smooth transition..

velrich or any other jamaican filers? did you guys have any problems?? ive never seen where consent is even required by the immigration officers in Jamaica let alone a special form.. just wanna make sure that is still the norm..

im taking my time right now with NVC.. just sent in the AOS paperwork and will be paying the IV bill next week.

i am banking on the kids coming in the summertime and then starting school in the fall.. hopefully the processing times stay the way theyve been going..

good luck everyone!!!!

It seems like it is only in rare cases that the other parent is asked to give permission. We never asked the biological dad for permission and had no problem at POE. Maybe it is because we were being filed for together.

A friend of mine had to give a permission letter to her child's father to allow for the child to go to the US. Maybe it all depends on the circumstances so try to have it just in case.

Edited February 25, 2013 by velrich

[dancehallquana 5]

Thank you everyone for your congrats, it does feel really good to know that i have my visa in hand.

At the same time I feel a little nervous, this is like a new chapter in my life, is like HUGE you know, everything is going to change, i need to improve my english cuz is not that good, i want to work in my career field (IT), gain experience, etc so i have a lot to do so im going to start as soon as i can

Any advise or recommendation would be great LOL

IT is a hot field, you will be in high demand!! your comfort with English will come but it seems like you are pretty good already.. in a field such as IT, i know that they will work with that because there is such a need for you.. I know there are ways they will accept your degree here or have your coursework converted into an equivalent degree.. just do some research.. but i know it will be fine!

[dancehallquana 5]

Sancruz - Congrats!! Sounds like the interview couldn't have gone any smoother! So exciting you won't have to wait that long for the actual visas. Do you have plane tickets yet? I wouldn't worry about what happened to us at the airport happening to anyone else - that was pretty country specific and most other countries don't have rules/procedures for their citizens to exit their own country. You could double check by calling the airline to see what they require for documentation for minors leaving the country. Big smiles for you and your family

Quana! - How goes NVC? Seems like you are on track for a summertime arrival. My kids started school and thank goodness it has been going well. They both like school and the younger one usually describes his days as 'great!' - which is a miracle I am grateful for. The older one likes school but has been taking more time to adjust to the academics and language switch. Day by day it seems to be getting easier. They both have been making friends and have classmates to eat lunch with and have had invitations to play outside of school. I think we would be having a much more difficult time if school wasn't going well. I want to say that the fact we took our time and picked a school that we felt would be sensitive to their situation and was as small as possible for our area that they would be supported and 'looked after' helped but I think we also just got lucky with our choice and their classes/teachers.

omg.. so glad you checked in..ive been wondering about all of you guys that have your children here.. so glad to hear things are going so well.. i know we both had that concern about school and its so exciting to hear your kids are enjoying it and making friends.. so scary and exciting!!! do they miss their country alot? i know kids are really resilient. How are you?

I am awaiting to pay the IV bill.. had some things come up this month because my oldest is going to Italy with her school next month but i am hoping to have that money paid and ready to move to the next step at the end of next month. we receivd the kids passport pics so we will be ready to send the iv package as well..

[lucy4 11]

I filed a 130 for each of my 2 stepsons (each unmarried and under age 13, IR2) on 11/8/2012 (108 days and counting) who are not in the US (in Philippines) so I am expecting NVC processing. After calling last week and getting to tier 2 support, I was told that the cases had been moved to Arlington Virginia office which I thought was strange as the Washington DC office is located in Fairfax, Va. After looking up the office it appears that it is an ASYLUM office. We did not apply for asylum for them, only simple 130s. I am a USC, I have no issues with sponsorship or qaulifying income, have not received any RFEs for any case, and stepsons were both issued MSCxxxxxxxxxx numbers.

By the way, I also filled for my wife (natural mother) the same day (11/8) with 130/485 concurrently and she has already completed (including interview at Fairfax location) and has Conditional GC in hand.

So the question is why would a simple 130 which should go to consulate processing through NVC end up in an ASYLUM office when the beneficiaries are not in the US?

I have now setup an INFOpass appointment at the Fairfax office (in early march) but was wondering if anyone has had a similar situation.

It sounds to me like they transferred the file for faster processing. If this is indeed the case, consider yourself blessed. Ive been waiting for my file to be processed at VSC since July 30th. It seems that they are very delayed and started transferring files to other offices, which will result in a speedier approval.

[lucy4 11]

So Ive finally reached out to my Senator's office. I dont think its really going to help, but at least I feel like Im doing something, other than twiddling my thumbs and cursing. Ive sent them all the info, so lets see if some miracle happens.

VSC processing date is now June 4th.

[ppihtr123 68]

It sounds to me like they transferred the file for faster processing. If this is indeed the case, consider yourself blessed. Ive been waiting for my file to be processed at VSC since July 30th. It seems that they are very delayed and started transferring files to other offices, which will result in a speedier approval.

I sure hope it means movement!

WOW....July? OMG!