Kids to follow... timeframe

[Mintosman 11]

Good news! Our I-130 was approved yesterday after only 81 days!!! This is way ahead of our foreseen schedule (good problem to have). We want to have my wife come first and get settled. Do the kids also have to come within 6 months or do we have a year from Visa approval?

[TVC 244]

Congratulations!

 

After you I-130 is approved you go to NVC which takes 2-4 months. But you have a year to complete your NVC case.

 

After NVC when the visa is granted and put into the passport you must enter the US within 6 months. Are your childrens' I130s processing?

Edited May 12, 2020 by TVC

[Mintosman 11]

Thank you TVC. Yes, the kids I-130 is going along with my spouse.

[TVC 244]

You have to file separate I130s for each person. Were both your wife and children's seperate I130s approved already? If so you can process your wifes NVC and wait up to a year to do your children's NVC stage.

 

Also I assume you are a US citizen and these children are not your biological children. They are your step children. Is that correct? If they are your biological children you dont have to do an I130. You'd do a CRBA.

 

Please explain what's going on with your cases. No need for brevity. I'm having trouble understanding what's going on.

Edited May 12, 2020 by TVC

[Just Paul 4,595]

6 hours ago, Mintosman said:

Good news! Our I-130 was approved yesterday after only 81 days!!! This is way ahead of our foreseen schedule (good problem to have). We want to have my wife come first and get settled. Do the kids also have to come within 6 months or do we have a year from Visa approval?

Then have the kids do medical and interview later.   There is no "follow to join" CR2/IR2.   Their visas would expire 6 months after the medical.

 

[Mintosman 11]

29 minutes ago, TVC said:

 

 

7 minutes ago, TVC said:

You have to file separate I130s for each person. Were both your wife and children's seperate I130s approved already? If so you can process your wifes NVC and wait up to a year to do your children's NVC stage.

 

Also I assume you are a US citizen and these children are not your biological children. They are your step children. Is that correct? If they are your biological children you dont have to do an I130. You'd do a CRBA.

 

Please explain what's going on with your cases. No need for brevity. I'm having trouble understanding what's going on.

Sorry for the short explanation. I filed for three i-130's. Wife, and 2 stepchildren. I submitted all three at the same time online. I received the approval notice online for my wife only. It seems strange the kids haven't been approved yet (both are minors). We were trying to have my wife come to the states for a few months first to get settled and get things ready for the kids. They would then follow. We were hoping to have longer than 6 months to do all of that. 

Ok, thanks for clarifying.

[TVC 244]

2 minutes ago, Mintosman said:

 

Sorry for the short explanation. I filed for three i-130's. Wife, and 2 stepchildren. I submitted all three at the same time online. I received the approval notice online for my wife only. It seems strange the kids haven't been approved yet (both are minors). We were trying to have my wife come to the states for a few months first to get settled and get things ready for the kids. They would then follow. We were hoping to have longer than 6 months to do all of that. 

Ok, thanks for clarifying.

With the receipt numbers call USCIS and ask about your children's cases. See if they were transferred to another service center.

[Just Paul 4,595]

10 minutes ago, Mintosman said:

I received the approval notice online for my wife only.

Not an uncommon event.  Each petition is a separate petition in CR1/CR2 cases.   NVC can match them up.

 

11 minutes ago, Mintosman said:

We were trying to have my wife come to the states for a few months first to get settled and get things ready for the kids. They would then follow. We were hoping to have longer than 6 months to do all of that. 

I'd recommend staying together - especially in light of what we have going on worldwide right now.  

[pushbrk 12,894]

16 minutes ago, Paul & Mary said:

 

I'd recommend staying together - especially in light of what we have going on worldwide right now.  

Depends on the ages and circumstances of the children.  I'm presuming their parents are "adults" so limit my "recommendations" matters directly related to immigration.  To each their own.

[Mintosman 11]

On 5/12/2020 at 3:46 PM, pushbrk said:

Depends on the ages and circumstances of the children.  I'm presuming their parents are "adults" so limit my "recommendations" matters directly related to immigration.  To each their own.

Pushbrk, I highly value your opinions as well as facts you share. I wanted to revisit this scenario. My wife is at the NVC stage. 2 of my stepchildren are still at USCIS due to a RFE asking for proof of Step-child relationship. After almost 2 months they haven't even looked at my response. I have spoken to a tier 2 rep trying to see if it would help and so far no movement. So my wife and I are strongly considering submitting her case and going ahead with the process. It is our understanding that if approved, she would have to travel to the USA within 6 months. We are hoping that the children could then go to their medicals and interview within that time frame but if not, mom could come to the USA and then return home on a visit to help them with those things. We do have family that has done this before. The mom came and the kids came later. 

My question is, in your opinion, are we risking anything other than separation for a time period (especially sensitive due to Covid) or a flat denial of the children? In our opinion, it would at least get mom here and working while the kids stay behind with family (that is our worse-case scenario thinking). 

[pushbrk 12,894]

4 hours ago, Mintosman said:

Pushbrk, I highly value your opinions as well as facts you share. I wanted to revisit this scenario. My wife is at the NVC stage. 2 of my stepchildren are still at USCIS due to a RFE asking for proof of Step-child relationship. After almost 2 months they haven't even looked at my response. I have spoken to a tier 2 rep trying to see if it would help and so far no movement. So my wife and I are strongly considering submitting her case and going ahead with the process. It is our understanding that if approved, she would have to travel to the USA within 6 months. We are hoping that the children could then go to their medicals and interview within that time frame but if not, mom could come to the USA and then return home on a visit to help them with those things. We do have family that has done this before. The mom came and the kids came later. 

My question is, in your opinion, are we risking anything other than separation for a time period (especially sensitive due to Covid) or a flat denial of the children? In our opinion, it would at least get mom here and working while the kids stay behind with family (that is our worse-case scenario thinking). 

Other than separation issues, I see no problem with that plan.  It's fairly common.  Sounds like you neglected to follow instructions to provide the children's birth certificates AND a copy of your marriage certificate with their petitions.

Edited July 8, 2020 by pushbrk

[Mintosman 11]

24 minutes ago, pushbrk said:

Other than separation issues, I see no problem with that plan.  It's fairly common.  Sounds like you neglected to follow instructions to provide the children's birth certificates AND a copy of your marriage certificate with their petitions.

I didn’t. I can see them online. My only thought is one had a generic file name instead of a specific name.

thanks for the reply!