Help please!!!!

[DungX 1]

ok my wife and i got married in vietnam october 27, 2010. i filed for paper work in january 2011, which is my priority date. we had a baby in august 15, 2011. i was recently ask to pay for their visa about a month ago which i did paid already. now my i got an i-797 notice of action from CALIFORNIA SERVICE CENTER and the priority date is now november 8, 2011 for my daughter #######?

now my question is...does that mean i have to wait another year til my wife and daughter come here? im a permanent resident sponsoring under F2A category. please help me thank you

[Darnell 8,479]

i think this is some concept of 'where's the casefile?'

suggest you call into USCIS upcoming week, inquire what's what, asking for casefile status.

it's certain you paid the petition fee of 420 - but if you paid a visa fee of 230, that'd be with the National Visa Center and NOT USCIS.

[Villanelle 4,122]

Ok couple of questions-

you filed paperwork in Jan 2011 (which gave you an earlier priority date) and then you had a baby in Aug 2011 --- were you expecting the baby to be on the earlier paperwork?

You had to file additional paperwork for the baby after she was born right?? That would mean the childs paperwork is going to be dated later. She would have a later priority date. Because its Nov 8 2011, it seems they received your completed application Nov 8.

Theyre not going to back date the child to Jan because the mother was submitted in Jan.

You have 2 different visas for 2 different people. One has an earlier priority date then the other because they were filed at different times. One can technically leave before the other. The first one can wait for the second one. But they will not bump up the second one to leave earlier with the first one, even if she is a cute little baby.

so yeah, youre going to have to wait until both their dates are current. (I dont know what the current dates or how long of a wait it will be- sorry)

[DungX 1]

Ok couple of questions-

you filed paperwork in Jan 2011 (which gave you an earlier priority date) and then you had a baby in Aug 2011 --- were you expecting the baby to be on the earlier paperwork?

You had to file additional paperwork for the baby after she was born right?? That would mean the childs paperwork is going to be dated later. She would have a later priority date. Because its Nov 8 2011, it seems they received your completed application Nov 8.

Theyre not going to back date the child to Jan because the mother was submitted in Jan.

You have 2 different visas for 2 different people. One has an earlier priority date then the other because they were filed at different times. One can technically leave before the other. The first one can wait for the second one. But they will not bump up the second one to leave earlier with the first one, even if she is a cute little baby.

so yeah, youre going to have to wait until both their dates are current. (I dont know what the current dates or how long of a wait it will be- sorry)

damn forreal? i was expecting for both of them to leave at the same time on the earlier priority date which i filed back in january 2011. my lawyer say 5 months til they get here after i pay for the visas so i do not know. oh and i also paid for the AOS invoice too

Edited February 16, 2013 by DungX

[Villanelle 4,122]

Well I dont know what kind of a lawyer you have...

But logic should tell you- you filed a petition for you wife before your child was born. It only had your wife on it. Thats her petition, her priority date.

When your child was born, you filed a petition for her. She got her own petition, her own priority date.

The lawyer should have explained that to you.

5 months after you pay for the visa fee sounds like a conservative amount of time (if your priority date is current)I mean after you pay the fee they'll send the immigrant a packet with all kinds of tasks to complete which can take a while and then you have to wait for the interview to be scheduled- so yeah your attorney telling you 5 months until they get to the US from the point they get their packet (which they dont get until you pay) isnt crazy.

But the attorney should have explained the priority dates better to you. Your fees are secure though if that makes you feel any better? I mean it seems like you are all paid up now, you just have to wait..

The only other encouraging things I can say is that since you were married Oct 2010 when your wife does get her GC it will be the 10 yr GC and you wont have to go back and remove conditions. The downside to this is that at the interview for the CR1 its going to be a tougher one, theyre going to be looking harder at your relationship since shes not going be to going through the conditional card, so make sure you are gathering up proof of your relationship now as you wait. Bring lots of evidence to your interview that the marriage is legitimate and not for immigration benefits.

[ndu26 114]

Capri is right. since you updated your file to include ur baby, they had to send you another notice of action for the baby with her priority date.

I may be wrong but i think your baby derives from ur wife's visa. I have a friend who is coming is under the same employment category I came in through years ago. her file has been with NVC since 2007.she got married after her petition was filed and has since had three kids and she keeps updating her file each time. they are at the final stages of NVC now and once she sends in all their civil documents, they will attend the interview together with her. I am guessing same may apply to ur case but do more research. She added her husband and kids at NVC .

Meanwhile the current visa bulletin states they are handiling PD 22NOV 2010 so yes you have about two more months of waiting before they get to your priority date for your wife.

http://travel.state.gov/visa/bulletin/bulletin_5885.html

what people do is they dnt file a new petition for their kids. They just notifiy NVC that they now have a kid and submit some paperwork to that effect. So in cocuple of months time when NVC contacts you that your PD is now current, inquire abt adding your child.

Best wishes.

Edited February 17, 2013 by ndu26

[Duy Nguyen 3]

Have you try to request expedite your case? It's wont hurt to try