Two petitions for I-130 from same online account- different process centers?

[Inita 44]

Hello,

my US husband filed I-130 petitions for me and our son (his legally adopted son) on November 22nd online. We received the NOA I-797a issued on the same day but mine went to the Texas Service Center and our son"s went to a National Benefits Center in Missouri . Now we are wondering if that might cause delays and/ or will myself and our son get it (hopefully) approved at the same time?

Anyone here that experienced a similar situation?

Thank ya'll!!

[arken 4,197]

Can’t say delays but may get approved at different times due to two center’s different processing times.

[USS_Voyager 1,972]

26 minutes ago, Inita said:

Now we are wondering if that might cause delays and/ or will myself and our son get it (hopefully) approved at the same time?

They are two separate petitions and will be treated as such. They do make efforts to adjudicate cases from the same family together or at least as close as possible, however it is not a guarantee. 

[HRQX 4,145]

23 minutes ago, Inita said:

our son"s went to a National Benefits Center in Missouri

Was the "beneficiary is in the United States" section of Part 4 left blank? Usually only I-130s that are associated with adjustment of status are initially sent to NBC; thus why there aren't processing times listed for NBC: https://egov.uscis.gov/processing-times/

[Inita 44]

3 minutes ago, HRQX said:

Was the "beneficiary is in the United States" section of Part 4 left blank? Usually only I-130s that are associated with adjustment of status are initially sent to NBC; thus why there aren't processing times listed for NBC: https://egov.uscis.gov/processing-times/

nope, all info was identical on the two petitions.... our son would petition for IR visa just like me.

 

[Inita 44]

9 minutes ago, USS_Voyager said:

They are two separate petitions and will be treated as such. They do make efforts to adjudicate cases from the same family together or at least as close as possible, however it is not a guarantee. 

let's just hope for the best....!

[Inita 44]

10 minutes ago, USS_Voyager said:

They are two separate petitions and will be treated as such. They do make efforts to adjudicate cases from the same family together or at least as close as possible, however it is not a guarantee. 

both NOA's where in the same envelope though.... I hope they process it correctly!

[Lil bear 4,352]

2 minutes ago, Inita said:

both NOA's where in the same envelope though.... I hope they process it correctly!

As stated , the IR 1 and IR 2 petitions are separately processed and unfortunately there seems to be no consistent approach to enable the petitions of related family members to be  processed together. 😓

[pushbrk 13,176]

4 hours ago, Inita said:

Hello,

my US husband filed I-130 petitions for me and our son (his legally adopted son) on November 22nd online. We received the NOA I-797a issued on the same day but mine went to the Texas Service Center and our son"s went to a National Benefits Center in Missouri . Now we are wondering if that might cause delays and/ or will myself and our son get it (hopefully) approved at the same time?

Anyone here that experienced a similar situation?

Thank ya'll!!

Your profile says you filed DCF.  Sounds like that is not correct.

 

Your petitions may have been sent to separate centers because NBC in Missouri will determine whether the legally adopted son is entitled to US Citizenship based on the adoption.  Was your husband born in the USA and spent most of his life in the USA?  If so, the I-130 is not needed at all for an adopted child in most cases.

[Inita 44]

7 hours ago, pushbrk said:

Your profile says you filed DCF.  Sounds like that is not correct.

 

Your petitions may have been sent to separate centers because NBC in Missouri will determine whether the legally adopted son is entitled to US Citizenship based on the adoption.  Was your husband born in the USA and spent most of his life in the USA?  If so, the I-130 is not needed at all for an adopted child in most cases.

That would also make sense to me but we spoke to two different lawyers and they said that is not the case as the adoption was filed and approved in Germany and not in the US. I'm hesitant about that info though and sure wish what you say is actually the case 🙏

 

I'll check on the DCF info on my profile!

[pushbrk 13,176]

33 minutes ago, Inita said:

That would also make sense to me but we spoke to two different lawyers and they said that is not the case as the adoption was filed and approved in Germany and not in the US. I'm hesitant about that info though and sure wish what you say is actually the case 🙏

 

I'll check on the DCF info on my profile!

Were these US Immigration lawyers?  Check on the requirements of the N-600k and see if they don't match your situation.

 

https://www.uscis.gov/sites/default/files/files/form/n-600kinstr.pdf

 

[Inita 44]

2 hours ago, pushbrk said:

Were these US Immigration lawyers?  Check on the requirements of the N-600k and see if they don't match your situation.

 

https://www.uscis.gov/sites/default/files/files/form/n-600kinstr.pdf

 

thank you so much for this! yes, they were immigration lawyers 🙄 but other than charging us a lot of money they weren't really of any help...

The adoption was finalized here in Stuttgart in September this year so maybe that might become a problem. Although we filed for it more than two years ago and our kid has been in physical custody of my husband for 4 years already. We will at least try to follow that path I think. so thank you so much again for your help!! ☺️👍

Edited December 6, 2019 by Inita

[HRQX 4,145]

10 hours ago, Inita said:

We will at least try to follow that path I think.

The path mentioned above requires the child to enter temporarily as a VWP traveler (I'm assuming the child is a German citizen) to attend the N-600K interview and naturalization:

• https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5
• https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1433&num=0&edition=prelim "The child is residing outside of the United States in the legal and physical custody of the applicant (or, if the citizen parent is deceased, an individual who does not object to the application)." "The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status."

 

Or you can continue the I-130 path and the child becomes a citizen upon entering the US with the immigrant visa (without paying the $220 USCIS Immigrant fee) before turning 18: https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html "The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence." Then apply for a US passport.

Edited December 6, 2019 by HRQX

[pushbrk 13,176]

3 hours ago, HRQX said:

The path mentioned above requires the child to enter temporarily as a VWP traveler (I'm assuming the child is a German citizen) to attend the N-600K interview and naturalization:

• https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5
• https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1433&num=0&edition=prelim "The child is residing outside of the United States in the legal and physical custody of the applicant (or, if the citizen parent is deceased, an individual who does not object to the application)." "The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status."

 

Or you can continue the I-130 path and the child becomes a citizen upon entering the US with the immigrant visa (without paying the $220 USCIS Immigrant fee) before turning 18: https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html "The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence." Then apply for a US passport.

All well and good, but if it is determined the child is entitled to citizenship through the N600k, the I-130 may be denied.  THIS CHILD would enter under the VWP but from non VWP countries, visas do get issued for this purpose.

[HRQX 4,145]

5 hours ago, pushbrk said:

if it is determined the child is entitled to citizenship through the N600k, the I-130 may be denied.

Denial based on 22 CFR § 40.2(a) doesn't apply to those eligible to submit N-600K; it applies to petitions for individuals already eligible for a CoC.

5 hours ago, pushbrk said:

visas do get issued for this purpose.

Correct; 9 FAM 402.2-4(B)(7) https://fam.state.gov/fam/09FAM/09FAM040202.html