Can an LPR file the i-130 for a stepchild who lives overseas separately to the mom?

[JustMe2020 3]

Hi, 

 

I have two questions and I hope someone can help. 

 

Question 1:

I'm aware that if an LPR is petitioning for his wife who lives abroad he does not have to file a separate i130 for his minor stepchild. Because that stepchild will be seen as a derivative beneficiary of his mother. 

But what about the situation when the LPR (while the visa application is in consular processing) becomes a USC? Will they then suddenly have to file a separate I130 for the stepchild, since the child actually becomes  a direct relative of that USC? If so, can that I130 be linked to the original I130 of the mother? Or will the whole application of the child be dealt with separately which could mean that the child gets his visa later than his mother?

Can the new USC citizen just choose to go on with the normal application as it was. So that they stick to the F2A route rather than the CR1 route. Time duration of getting the visa doesn't matter, there's no rush. Or is it a MUST to inform USCIS/NVC that the LPR became a USC? 

 

 

Question 2: 

Can the LPR (knowing he probably will become a USC during consular processing) choose to straight away file the i130 for his minor stepchild? So making two applications at the same time: one for the wife and one for the stepchild. Or isn't this allowed since technically the child is seen as the derivative of the  mother and not a direct relative of the LPR, thus a i130 isn't needed?  

 

Thanks a lot!

 

Edited April 16, 2020 by JustMe2020

[milimelo 4,481]

1. The child would need a separate I-130 if the LPR becomes a USC before visa issued 

2. If you’re in naturalization process either send two I-130s or do your best to postpone taking the oath until visa in hand and beneficiaries in the US. 

[JustMe2020 3]

16 minutes ago, milimelo said:

1. The child would need a separate I-130 if the LPR becomes a USC before visa issued 

2. If you’re in naturalization process either send two I-130s or do your best to postpone taking the oath until visa in hand and beneficiaries in the US. 

 

 

Thank you.

 

Regarding answer #1: Let's say the I130 of the mother is already approved and is now at NVC stage. Shortly after the LPR has taken the oath. So now he will have to file separate I-130 for the stepson, but the mother's I-130 was already approved a year earlier. Will they link son and mother's I-130 together? Or  is it separate and the son will get visa much later? Because he is at the beginning stage of I-130 and mother is already at a different stage? 

 

Regarding answer #2: makes sense thanks, if we want to be on the safe side,  are we allowed to apply for I-130 for both mother and son.  Is this possible? Regardless if LPR takes oath on time or not? 

Edited April 16, 2020 by JustMe2020

[milimelo 4,481]

Stall the process at NVC for the mother until child’s petition reached NVC. 

 

Yes, you can file a I-130 for the stepchild, why not?