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Questions about filing the I 130

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Filed: K-1 Visa Country: Philippines
Timeline

I am a US citizen,my wife is a LPR we wish to bring her daughter and son to live here in the US   both of her children are unmarried and over 21  Can i file the petition or is my wife required to do this? the instructions on this form are rather confusing as to who can and can not petition.  thanks for the help

10/25/2016 Hard copy date NOA1                                            09/12/2017  AOS paperwork mailed

11/25/2016 RFE  app update                                                      09/13/2017 AOS paperwork rcvd in Chicago

12/02/2016 RFE hard copy received                                          09/18/2017 AOS paperwork accepted

12/03/2016 RFE information mailed to Ca.Service Center    10/18/2017 AOS case status  Ready to schedule appointment

12/06/2016 App Case update RFE Information Received      11/17/2017 biometrics completed

12/21/2016 App case update Approved (57 days)                 1/8/2018  Interview completed but being reviewed

12/26/2017 NOA 2 hard copy received                                     1/11/2018   I 765 approved

 1/03/2017  NVC received case                                                  1/19/2018  EAD/AP combo card received

 1/04/2017  NVC issued case number                                       1/23/2018  AOS approved

 1/05/2017  Case status changed to in transit                         1/27/2018 Card mailed     

 1/10/2017  Case status set to Ready                                       10/23/2019 I 751 mailed to dallas

 1/16/2017  Medical exam completed                                       09/24/2020 RFE received

 1/18/2017  CFO completed                                                        10/28/2020  RFE info received

 1/26/2017  Interview completed                                                11/10/2020 approved                                         

 2/13/2017  Case status "ISSUED"                                               12/10.2020 10 year card received

 2/17/2017  Visa in hand                                                               07/31/2021 N400 FILED ONLINE

 2/24/2017  POE Chicago                                                              08/05/2021 interview scheduled

 05/15/2017 Married 🙂

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Filed: K-1 Visa Country: Wales
Timeline

The time lines currently for both are pretty much the same, depends how old they were when you married if you can file. If you can there is certainly merit in both you filing in case something happens.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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How old were they when you married their mom? 

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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If she files, they will fall under F2B.

If they were under 18 at the time you married, you can file and they will fall under F1.

Both people can have pending petitions at the same time - only issue is paying double in filing fees. Whichever one becomes current first can proceed. This provides a backup in various cases where one person is unwilling or unable to proceed with the petition.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Philippines
Timeline

They were 19 and 20 when we got married

10/25/2016 Hard copy date NOA1                                            09/12/2017  AOS paperwork mailed

11/25/2016 RFE  app update                                                      09/13/2017 AOS paperwork rcvd in Chicago

12/02/2016 RFE hard copy received                                          09/18/2017 AOS paperwork accepted

12/03/2016 RFE information mailed to Ca.Service Center    10/18/2017 AOS case status  Ready to schedule appointment

12/06/2016 App Case update RFE Information Received      11/17/2017 biometrics completed

12/21/2016 App case update Approved (57 days)                 1/8/2018  Interview completed but being reviewed

12/26/2017 NOA 2 hard copy received                                     1/11/2018   I 765 approved

 1/03/2017  NVC received case                                                  1/19/2018  EAD/AP combo card received

 1/04/2017  NVC issued case number                                       1/23/2018  AOS approved

 1/05/2017  Case status changed to in transit                         1/27/2018 Card mailed     

 1/10/2017  Case status set to Ready                                       10/23/2019 I 751 mailed to dallas

 1/16/2017  Medical exam completed                                       09/24/2020 RFE received

 1/18/2017  CFO completed                                                        10/28/2020  RFE info received

 1/26/2017  Interview completed                                                11/10/2020 approved                                         

 2/13/2017  Case status "ISSUED"                                               12/10.2020 10 year card received

 2/17/2017  Visa in hand                                                               07/31/2021 N400 FILED ONLINE

 2/24/2017  POE Chicago                                                              08/05/2021 interview scheduled

 05/15/2017 Married 🙂

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Filed: K-1 Visa Country: Wales
Timeline

So just the Mother can file.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Philippines
Timeline

Thank you,some of those forms are very confusing

10/25/2016 Hard copy date NOA1                                            09/12/2017  AOS paperwork mailed

11/25/2016 RFE  app update                                                      09/13/2017 AOS paperwork rcvd in Chicago

12/02/2016 RFE hard copy received                                          09/18/2017 AOS paperwork accepted

12/03/2016 RFE information mailed to Ca.Service Center    10/18/2017 AOS case status  Ready to schedule appointment

12/06/2016 App Case update RFE Information Received      11/17/2017 biometrics completed

12/21/2016 App case update Approved (57 days)                 1/8/2018  Interview completed but being reviewed

12/26/2017 NOA 2 hard copy received                                     1/11/2018   I 765 approved

 1/03/2017  NVC received case                                                  1/19/2018  EAD/AP combo card received

 1/04/2017  NVC issued case number                                       1/23/2018  AOS approved

 1/05/2017  Case status changed to in transit                         1/27/2018 Card mailed     

 1/10/2017  Case status set to Ready                                       10/23/2019 I 751 mailed to dallas

 1/16/2017  Medical exam completed                                       09/24/2020 RFE received

 1/18/2017  CFO completed                                                        10/28/2020  RFE info received

 1/26/2017  Interview completed                                                11/10/2020 approved                                         

 2/13/2017  Case status "ISSUED"                                               12/10.2020 10 year card received

 2/17/2017  Visa in hand                                                               07/31/2021 N400 FILED ONLINE

 2/24/2017  POE Chicago                                                              08/05/2021 interview scheduled

 05/15/2017 Married 🙂

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Filed: K-1 Visa Country: Wales
Timeline

Remember they need to stay single unless their Mother naturalises.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I-130 instructions: https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

Page 2

Quote

Who May Not File Form I-130?

...

3. A stepparent or stepchild, if the marriage that created the relationship took place after the child turned 18 years of age;

 

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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