Help!!!

[liam28 0]

My husband petition for our son an I 2014 we wait two years for my f2 caes yo be completed it was complete in February this year my husband became a us citizen so now am a f1 I got my interview day for next month but now they are telling me that our son can no longer be on my case my husband should start a new case for him that will take 5 to 6 month it's like am in shock I don't know what to do I don't want yo leave my son with any one help!!!!!!

[NikLR 13,232]

~~moved to bringing family members of USC to the USA from off topic~~

[aleful 1,905]

hi

your husband shouldn't have filed for citizenship, until you both got here, you were so close

there aren't any derivatives, so now he has to file a separate petition for your child as his stepson

spouses and minor children/stepchildren of a USC are filed separately, while petitions as a LPR your son would have come as your derivate

he can still file for your son, but the petition will take a year

do you have someone to leave him with for now?

[liam28 0]

No I don't he is our only child me an my husband

[NikLR 13,232]

So he is both of your child? Then he needs to file the I-130 for him as well.

[aleful 1,905]

hi

now you will need to think things over, he can't come with you anymore, so what will you do?

[liam28 0]

Yes but that's takes 6months or more after u get the visa I don't think u can stay In your country over 6months

[liam28 0]

I just dont know what to I can only ask for help when I go to my interview see if the could maybe give him a visiting visa or something I just dont know

[aleful 1,905]

hi

sorry, there is nothing you can do, they won't allow him to come

you will need to leave him behind, once you enter the country or you can come to visit him, or request a reentry permit, for a little longer

and also, you don't have to enter the country immediately, you will have a few months that you can stay in your country before entering

your husband must file the i130 immediately so the clock can start

[aaron2020 11,651]

Hi,

Sorry. Your husband must file a separate I-130 for your son. The law does not allow the US Embassy to issue a visa to him since derivatives are not allowed when a USC petitions a spouse.

Have your husband file immediately for your son. Request that your interview date be rescheduled. You do not need to leave your son with anyone if you are willing to delay your immigration to the US.

[aaron2020 11,651]

Yes but that's takes 6months or more after u get the visa I don't think u can stay In your country over 6months

You don't have a visa yet. Your interview is next month. Reschedule your interview for a later time. Delay your case so your son's case can catch up to yours.

I just dont know what to I can only ask for help when I go to my interview see if the could maybe give him a visiting visa or something I just dont know

There is nothing the US Embassy can do to help you. There is no way he is going to get a visitor visa to immigrate to the US. The solution is up to you; delay your case so your son's case can catch up to yours.

[NikLR 13,232]

Do you already have an interview date?

[NikLR 13,232]

The only thing i can suggest is to enter the USA then go back and wait for your son. It will take about a year. So if you wait to enter the usa then return afterwards, you should be okay without losing your greencard.

Or you can contact the embassy and ask them to postpone your interview until your son can also interview. If youve already a a medical you will have to do it again, but thats better than leaving your child.

[liam28 0]

So if my husband wavier his rights an aak to go back to a f2a ...

[NikLR 13,232]

no