F2A Spouse and Derivative Child - and N-400 confusion

[rup001 2]

Hello gurus,

I am in a situation and I need help. The USCIS recently approved my F2A I-130 petition for my spouse and derivative child (One petition). It is currently in route to NVC.

On the other hand, I'm currently in n-400 process. Fingerprints are being taken next week.

The more I research on this, the more frustrated I get. It appears that that the Embassy processing and N-400 are at race against each other. Meaning, if my spouse and child's immigration visa is issued prior to me becoming a citizen, there will be no worry. But if the reverse occurs, I'll have to file a net new I-130 (IR2) for my child which then translates into several months of yet another family separation.

Question to you good folks - Is there a workaround to this? I dont think I'm doing any justice to myself as well as my wife and daughter if the latter becomes true.

I'm thinking about requesting NVC to expedite this case based on this very circumstance. Any expert ideas or experience on similar issue? Has anyone been able to get NVC expedite their case based on similar circumstance?

Please ponder some relief!

Thanks,

R.

[aaron2020 11,651]

You can delay your oath ceremony until your wife and child immigrates if you want to avoid filing a separate petition for your child. You officially become a US citizen after taking the oath.

[Hypnos 6,576]

^Exactly what I was about to suggest. It's probably the best solution all round.

[rup001 2]

Thank you aaron2020 & Hypnos - your advice are on spot.

In quest to avoid such possible separation, in addition to your advice, I'm thinking the following:

1) Request NVC to expedite? Have you or anyone else seen, experienced NVC expediting cases like mine?

2) File a new I- 130 now? Is that lawful that I go ahead and do so while the derivative petition has already approved?

3) Of course delay my n400 interview as well as oath.

[aaron2020 11,651]

Thank you aaron2020 & Hypnos - your advice are on spot.

In quest to avoid such possible separation, in addition to your advice, I'm thinking the following:

1) Request NVC to expedite? Have you or anyone else seen, experienced NVC expediting cases like mine? There is no reason to expedite the case for your wife and child. You do not meet any of the hardships outlined.

2) File a new I- 130 now? Is that lawful that I go ahead and do so while the derivative petition has already approved? You can file a separate I-130 for your child. Expect delays since it will take time for your child's petition to catch up to your wife's petition.

3) Of course delay my n400 interview as well as oath. This would be the smart move. There is no need to delay your n400 interview. Just delay the oath ceremony. Why put yourself two steps behind when you can just be one step behind. No second petition to deal with. No delays for your child.

What is more important to you? Getting US citizenship first or getting your wife and child to the US first? Sometimes life does not give us everything we want when we want it. Sometimes, we have to make the choice between what is more important. Personally, I would delay the final act of naturalization, the oath ceremony, until after my wife and child are here. Your wife may enjoy seeing you become a US citizen.

[rup001 2]

What is more important to you? Getting US citizenship first or getting your wife and child to the US first? Sometimes life does not give us everything we want when we want it. Sometimes, we have to make the choice between what is more important. Personally, I would delay the final act of naturalization, the oath ceremony, until after my wife and child are here. Your wife may enjoy seeing you become a US citizen.

Hi Aaron,

Good advice there. To your point, I would absolutely delay n400 over my wife and child immigrating to the US. Thanks a lot.

[rup001 2]

Gurus,

I need to revive this thread. Here's my biggest confusion. Here's the situation that are racing against each other:

Situation 1) My spouse and child (F2A) are appearing their interviews on 3rd week of Feb.

Situation 2) I've a naturalization interview a week prior to their visa interview. I will be requesting the oath to be rescheduled until my family receives their visa. So, hypothetically, lets say, I'll take oath on 26th Feb assuming their visa will be granted by 25 Feb at the Embassy.

Situation 3: (Following up from the above hypothesis on the dates), I take oath, and go to my home country to get my family here. My wife and child would already have a F2A visa issued to them. I go to bring them to US on a US passport.

Now, will my child have any problem entering the US? With the whole thing with F2A to IR2 conversion --- what's the pain point here? Is it over after they receive the visa?? Or is it over AFTER they enter the US?

In other words, should I wait until they enter the US before taking oath?? Or it doesnt matter once they receive the visa???

Please help.

Thanks,

R.

[Hypnos 6,576]

You should delay your oath ceremony until they have entered the US in order to head off any potential problems.

Edited February 9, 2016 by Hypnos

[DNIEPU 7]

Gurus,

I need to revive this thread. Here's my biggest confusion. Here's the situation that are racing against each other:

Situation 1) My spouse and child (F2A) are appearing their interviews on 3rd week of Feb.

Situation 2) I've a naturalization interview a week prior to their visa interview. I will be requesting the oath to be rescheduled until my family receives their visa. So, hypothetically, lets say, I'll take oath on 26th Feb assuming their visa will be granted by 25 Feb at the Embassy.

Situation 3: (Following up from the above hypothesis on the dates), I take oath, and go to my home country to get my family here. My wife and child would already have a F2A visa issued to them. I go to bring them to US on a US passport.

Now, will my child have any problem entering the US? With the whole thing with F2A to IR2 conversion --- what's the pain point here? Is it over after they receive the visa?? Or is it over AFTER they enter the US?

In other words, should I wait until they enter the US before taking oath?? Or it doesnt matter once they receive the visa???

Please help.

Thanks,

R.

Couple of notes:

1. Based on your location, the time between your naturalization interview and oath varies. That being said, if you have naturalization interview a week prior to your family visa interview, I doubt if you need to re-schedule your oath ceremony. Usually naturalization interview to oath takes 2-4 weeks.
2. If your family back home gets visa on 25th and you take oath on 26th, I don't see any issue with it. You go back home and bring them here with your US passport. I doubt this will create any confusion. IO at POI has (or should have) all of your records including dates. If they ask you about USC family with F2A visa, you can explain about the dates and processing (USCIS is smart enough not to issue F2A to family of USC). Make sure you carry all your NOAs from USCIS [for both: your family (I-130) and your (N-400)]
3. Make sure you oath after their interview. Make your wife understand that your citizenship application is in process, you are not citizen yet, not until oath.
4. Make sure your family has F2A in hand before your oath. If your family's visa is pending, delayed or AP status for long, make sure you reschedule your oath.

I hope this helps!

-D

[aaron2020 11,651]

Gurus,

I need to revive this thread. Here's my biggest confusion. Here's the situation that are racing against each other:

Situation 1) My spouse and child (F2A) are appearing their interviews on 3rd week of Feb.

Situation 2) I've a naturalization interview a week prior to their visa interview. I will be requesting the oath to be rescheduled until my family receives their visa. So, hypothetically, lets say, I'll take oath on 26th Feb assuming their visa will be granted by 25 Feb at the Embassy.

Situation 3: (Following up from the above hypothesis on the dates), I take oath, and go to my home country to get my family here. My wife and child would already have a F2A visa issued to them. I go to bring them to US on a US passport.

Now, will my child have any problem entering the US? With the whole thing with F2A to IR2 conversion --- what's the pain point here? Is it over after they receive the visa?? Or is it over AFTER they enter the US?

In other words, should I wait until they enter the US before taking oath?? Or it doesnt matter once they receive the visa???

Please help.

Thanks,

R.

WHY??????? If you are a US citizen, your wife cans child can not use visas issued to them while ur an LPR.

Either delay the oath so your wife and child can immigrate or become a US citizen and delay your family immigrating. You can't have everything. Which is more important? You becoming a USC or your family getting here?

How about doing the right thing by delayin becoming a citizen so your family can immigrate here?

BECOME A US CITIZEN AFTER YOUR WIFE AND CHILD ENTER THE US. It would be incrediblely stupid to become a US citizen before they get here to the US.

Edited February 11, 2016 by aaron2020

[rup001 2]

WHY??????? If you are a US citizen, your wife cans child can not use visas issued to them while ur an LPR.

Either delay the oath so your wife and child can immigrate or become a US citizen and delay your family immigrating. You can't have everything. Which is more important? You becoming a USC or your family getting here?

How about doing the right thing by delayin becoming a citizen so your family can immigrate here?

BECOME A US CITIZEN AFTER YOUR WIFE AND CHILD ENTER THE US. It would be incrediblely stupid to become a US citizen before they get here to the US.

Aaron,

Thank you. No question, as you pointed out, on delaying my naturalization. But I just had to clarify. Thanks again!