I130Approved

[Whatsnext12 0]

I have read through threads here, and the guides but I am still confused.

 

I have a family member (child) who has a recently approved I130 petition.  The child is still in their home country living with relatives.

My spouse was approved years ago and is currently in the US with adjusted status.  I am a citizen.

 

I know we need a passport for the child, and we have been working on that all year.  It has been locked down and getting a passport has just not happened.  To get the passport the child has to travel with a relative to a processing center.  They were allowing travel then not allowing travel, but now they are again. We can get one in the next month.

 

Knowing that above about the passport is there anything I can do in the meantime?

 

Not sure what to do next.  I did not apply for the I129 with the I130.  

 

Can I apply for the I485 for the child now?

[SalishSea 18,096]

1 hour ago, Whatsnext12 said:

I have read through threads here, and the guides but I am still confused.

 

I have a family member (child) who has a recently approved I130 petition.  The child is still in their home country living with relatives.

My spouse was approved years ago and is currently in the US with adjusted status.  I am a citizen.

 

I know we need a passport for the child, and we have been working on that all year.  It has been locked down and getting a passport has just not happened.  To get the passport the child has to travel with a relative to a processing center.  They were allowing travel then not allowing travel, but now they are again. We can get one in the next month.

 

Knowing that above about the passport is there anything I can do in the meantime?

 

Not sure what to do next.  I did not apply for the I129 with the I130.  

 

Can I apply for the I485 for the child now?

No.  The child is not in the US.

 

Is everything complete at the NVC?  Are interviews even taking place in the child's country?

 

Child obviously needs a passport, but will only get the visa after the interview occurs and is approved.

Edited December 17, 2021 by Jorgedig

[Shrestha 1]

I think I485 can only be submitted if the person is in Us.

 

Once I130 gets approved the case should move to NVC and you should receive the notice. They will give you a time frame to submitt necessary documents like

 

Affidavit of support (I864) from the petitioner, tax record.

 

Household member or Joint Sponsor if the income is less.

 

if joint sponsor make sure to submit separate I864 but if its a household member you will need I864A and relationship proving that its either your wife or some one living in the same house.

 

if you have sufficent income no need for that and you can file I864 ez.

 

You will need all the civil documents for your child like Passport, Police report if above 16 and photo and birth certificate.

You can start working on Affidavit of support and gathering tax transcripts for the primary sponsor or petitioner.

[Shrestha 1]

Hope this helps.

[Whatsnext12 0]

Yes it does help.  

 

I can do the I864 I am familiar with that.  I am now getting emails from the NVC, and it tells me what to do.  

 

I have not read through all of it yet, but I do see 12 steps involved.  I don't see a passport mentioned until step 7.

 

It looks like this takes a few months to get through so I should be ok without the passport, but I could easily be wrong about that.

 

Here is what it says on the NVC website.  Current case review time: As of 13-DEC-2021, we are reviewing documents submitted to us on 13-SEP-2021.

 

 

[Whatsnext12 0]

My Spouse is curious about the interview for a child. 

 

Like what questions do they ask?

[Whatsnext12 0]

Ok I have a good grasp on what is needed to get a visa.  I have read through everything extensively and none of it looks too complicated for me to do.  I do have a couple of questions though.

 

First though the fees.  I don't want to sound like I am complaining because I am not really, but I am wondering if there is more to pay after the $500 for the visa.  I know there will be an interview, and medical needed I am prepared for that, but are there any more fees like the $500 visa fee?

 

I basically just spend around 500$ for traveling, meals, hotel, etc to have relatives take the minor applicant to get a passport only to discover there is a technical error on one of the documents that has to be corrected first.  This is not a big deal, but it will take at least 1 month of processing time to correct this and then to get the corrected updated document from the correct office in the hands of the relative who will have to take the minor to the passport office again. It could take up to 3 months to correct this, go back to get the passport office, and actually get a copy of the passport in my hand so I can continue on with the visa application.  This is if the country does not get locked down again which could happen and would delay things by several more months.

 

So my question is.  How long do I have to secure a visa after the I130 petition is approved?  Is this extended at all because of covid?  Is it possible to request more time should I need it? (I really don't think I will but I just don't know at this point)

 

My attorney told me I have 12 months, but I wanted to ask here to be certain. I can try again to call immigration and ask my question on the phone, but as everyone knows it is not real easy to get through to a live person there.

 

 

Thank You