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Simiyus

Petition for I-130

By Simiyus in Bringing Family Members of US Citizens to America

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Simiyus Apprentice

Simiyus   6

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Filed: IR-1/CR-1 Visa Country: Kenya
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Posted

Hi everyone,

I petitioned for my wife I-130 and she got a visa in December,she is now putting finishing touches to her plans to join me.We did not include her daughter who is 20yrs in the petition as she wanted to complete her studies in Kenya.Since the petition takes a long time to get through we thought would be nice to start her petition now so she can come and visit when schools close.Question is,Can I send in form I-130 now or wait until my wife has entered the USA? Also,with her age,and seeing as the process takes long,will there be a problem if she turns 21 before the process is complete?

Thank you all

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted

Hi,

When a USC petitions for a spouse, only the spouse can get a visa. Derivative beneficiaries are not allowed. You could not have included her daughter.

Did you marry mom before her daughter's 18th birthday?

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

Moved from IR-1/CR-1 Progress Reports to Bringing Family Members of US Citizens to America forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
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Posted (edited)

Thanks,

No,got married dec. 2013,she was 19yrs old then.

Since she was 19, you can not file for her. A USC can only file for a stepchild if the marriage occurred before the stepchild's 18 birthday.

Once her mom becomes an LPR, she can file for her daughter. Since her daughter will be 21 or close to it by the time mom gets here, a petition filed by mom will put her daughter in the F2b category where there is a 7-8 years wait for a visa.

Visiting is a completely different matter. Having an ongoing immigration petition does not allow a person to visit. A visitor must apply for and be granted a visitor visa.

Sorry.

Edited by aaron2020
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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted (edited)

Legal Permanent Resident.

Here is the kicker, if you had petitioned for mom as a fiancée and then marry in the US, her daughter would have been able to immigrate with her. There is a loophole.

Edited by aaron2020
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Simiyus Apprentice

Simiyus   6

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

Thanks Aaron.

As they say, "the law is an ###", easy to get a visa on spouse than fiance,would then expect it would be easy to bring her child(ren).Once my wife comes,we will look at options and go the best availble route.

Thanks for the info,appreciated

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