Do we need to file a separate I- 130 for my stepson?

[Caresse33 87]

1 minute ago, Boiler said:

As you stated

I meant to write we do not need to file the officer stated

[Boiler 46,013]

That makes no sense.

[HRQX 4,145]

2 hours ago, Caresse33 said:

We called the USCIS and  an officer just advised us that we do need to file a separate I-130 that my stepson will be automatically added to my wife form. Is this correct?

 

54 minutes ago, Caresse33 said:

I meant to write we do not need to file the officer stated

The USCIS line is colloquially known as the "misinformation line." He still needs his own I-130: "Important: If the family second preference (F2A) petition that you filed for your spouse included your minor children, now that you are a U.S. citizen you must file new and separate petitions for each child. This is because children cannot be included as “derivative applicants” on a parent’s immediate relative (IR) visa or petition. (This is different from the family second preference (F2A) petition, which allows minor children to be included in their parent's F2A petition.)" https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html If concurrently at NVC their cases might get linked: "You must pay the Affidavit of Support fee for each case unless you are a U.S. citizen with petitions for your spouse and/or child(ren) concurrently in process at NVC." https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/after-petition-approved/step-2-pay-fees/nvc-fee-payment-faqs.html

Edited November 14, 2019 by HRQX

[SalishSea 18,124]

8 hours ago, Caresse33 said:

I thought it’s only considered fraud when you enter illegally. My stepson is british citizen and he is a visa waiver. Visa waiver can enter legally and apply for adjustments of status. Is this correct?

Incorrect.

[Caresse33 87]

11 hours ago, aaron2020 said:

You will need to file a separate I-130 for your stepson.  Include a photocopy of your wife's NOA2 and ask for the case to be expedited.

 

There is no legal way around this.   There is nothing that would allow your stepson to immigrate to the US and adjust status.  

 

You can either choose to delay your wife's case so her son can immigrate with her, or she can choose to immigrate without him and wait for him to get an immigration visa to join her.  Those are the only two legal choices that are available.  

 

 

 

 

How do you expedite a case to NVC and USCIS?

[zochu 255]

12 hours ago, payxibka said:

If such was allowed then why do immigrant Visas even exist?

If it was allowed we'd be there already ahaha

[aaron2020 11,651]

2 hours ago, Caresse33 said:

How do you expedite a case to NVC and USCIS?

You will need to file a separate I-130 for your stepson.  Include a photocopy of your wife's NOA2 and ask for the case to be expedited.