IR 2 - Missed to fill out I130 for my Child

[MBGD 1]

Hello, 

 

I am a US Citizen and I submitted an I31 for my wife. After three months, the petition changed to actively reviewed in the VSC, and we found out that I should have had submitted another form for my 2 years Child. Due to the length of the process, I am hesitant to submit an I130 for my child fearing that my wife gets approved and will be waiting more to get my child petition approved. My child has a 10 years B2 visa as she visited in 2020. Do you think she can travel on her B2 visa while her mom has an IR1 or I should just submit her petition? 

[iwannaplay54 985]

Submit the petition 

[Crazy Cat 41,288]

1 hour ago, MBGD said:

Hello, 

 

I am a US Citizen and I submitted an I31 for my wife. After three months, the petition changed to actively reviewed in the VSC, and we found out that I should have had submitted another form for my 2 years Child. Due to the length of the process, I am hesitant to submit an I130 for my child fearing that my wife gets approved and will be waiting more to get my child petition approved. My child has a 10 years B2 visa as she visited in 2020. Do you think she can travel on her B2 visa while her mom has an IR1 or I should just submit her petition? 

You cannot bring the child to the US via the B2 with the intent for him/her to adjust status.  You need to submit the I-130 for the child, then try to expedite the petition.  You can hold your wife's case at NVC until the child's case gets there.  Then, the cases can be connected.

[Mike E 11,732]

2 hours ago, MBGD said:

Hello, 

 

I am a US Citizen and I submitted an I31 for my wife. After three months, the petition changed to actively reviewed in the VSC, and we found out that I should have had submitted another form for my 2 years Child. Due to the length of the process, I am hesitant to submit an I130 for my child fearing that my wife gets approved and will be waiting more to get my child petition approved. My child has a 10 years B2 visa as she visited in 2020. Do you think she can travel on her B2 visa while her mom has an IR1 or I should just submit her petition? 

Are you certain your child is not a USA citizen?

 

If your child is not a USA citizen then file I-130.  
 

Then file DS-260 at the same time for parent and child to increase the chance that the validity of their visas overlap and they can travel together.  

[nastra30 2,239]

2 hours ago, MBGD said:

Hello, 

 

I am a US Citizen and I submitted an I31 for my wife. After three months, the petition changed to actively reviewed in the VSC, and we found out that I should have had submitted another form for my 2 years Child. Due to the length of the process, I am hesitant to submit an I130 for my child fearing that my wife gets approved and will be waiting more to get my child petition approved. My child has a 10 years B2 visa as she visited in 2020. Do you think she can travel on her B2 visa while her mom has an IR1 or I should just submit her petition? 

How long have you been a US citizen?

How long have you lived in the US?

Was your child born after you became a US citizen?

Edited January 13, 2022 by nastra30

[MBGD 1]

Thank you everyone- really appreciate your support and answers. I filled out the form today and I included a request to link the two forms with the receipts. 

 

 

Fingers Crossed. It has been exhausting not seeing and having my family for more than a year. 

2 hours ago, nastra30 said:

How long have you been a US citizen?

How long have you lived in the US?

Was your child born after you became a US citizen?

I got my naturalization on Sep and fill out the I130 asap. My child was born in 2019- so she does not qualify for citizenship. 

[carmel34 3,576]

5 hours ago, MBGD said:

Do you think she can travel on her B2 visa while her mom has an IR1 or I should just submit her petition? 

Bringing your child to the US with a tourist visa, with the intent to stay and adjust status, is visa fraud, so don't even consider doing it as it could cause big problems for you, your wife, and your child down the road.  As others have said, file an I-130 petition today for the child, and hold your wife's file at the NVC stage to wait for the child's petition to be adjudicated, approved, and catch up with your wife's at NVC, then proceed with DS-260s for each of them at the same time.  Good luck!

[MBGD 1]

16 hours ago, carmel34 said:

Bringing your child to the US with a tourist visa, with the intent to stay and adjust status, is visa fraud, so don't even consider doing it as it could cause big problems for you, your wife, and your child down the road.  As others have said, file an I-130 petition today for the child, and hold your wife's file at the NVC stage to wait for the child's petition to be adjudicated, approved, and catch up with your wife's at NVC, then proceed with DS-260s for each of them at the same time.  Good luck!

Thank you very much. I filled the petition for my child. A lawyer advised me to also attach a letter requesting that the child petition gets linked to her mom. I also uploaded the receipt from my child petition into her mom with the same letter. Finger crossed. 

 

 

[Mike E 11,732]

2 hours ago, MBGD said:

Thank you very much. I filled the petition for my child. A lawyer advised me to also attach a letter requesting that the child petition gets linked to her mom. I also uploaded the receipt from my child petition into her mom with the same letter. Finger crossed. 

 

 

Cool. Likely  your child will automatically  acquire USA citizen upon entering the USA on the child’s immigration visa.  Thus  don’t pay the green card fee, and instead apply for a passport and passport card after the child arrives and you have evidence of physical custody.  
 

After the child’s US and foreign passports come back, file N-600 for your  child. 

Edited January 14, 2022 by Mike E

[musicfan24 2]

 

On 1/14/2022 at 7:14 AM, Mike E said:

Cool. Likely  your child will automatically  acquire USA citizen upon entering the USA on the child’s immigration visa.  Thus  don’t pay the green card fee, and instead apply for a passport and passport card after the child arrives and you have evidence of physical custody.  
 

After the child’s US and foreign passports come back, file N-600 for your  child. 

I am in the same boat as OP. I wanted to get my son a passport but since I have never lived in the US before he didn't qualify. So I applied for a green card for both him and my husband. I have two questions in regards to this. I spoke to an agent on Ask Emma today and they said my husband is at the Texas Service Center and my son is at Vermont. We filed online end of Dec 2021 and indicated on each that there was another petition being submitted. We also sent in the 129F last week. Do you think once someone actually reviews one of the cases they will link them?

 

Second you say once the child comes over and immigrates not to pay the green card fee and just get a passport. What would prove physical custody? 

 

[Mike E 11,732]

10 minutes ago, musicfan24 said:

Second you say once the child comes over and immigrates not to pay the green card fee and just get a passport. What would prove physical custody? 

Government records (e.g. school records) showing that the child resides at certain address, and government records showing (e.g. drivers license) showing that the custodial parents also resides that the address. 

[Chancy 6,239]

40 minutes ago, musicfan24 said:

you say once the child comes over and immigrates not to pay the green card fee and just get a passport. What would prove physical custody?

 

If your child is school age, enrol him/her.  Or sign him/her up with a primary care physician near your residence.  School or medical records showing your address would be evidence of physical custody.

 

[mam521 1,982]

On 1/14/2022 at 3:36 AM, MBGD said:

Thank you very much. I filled the petition for my child. A lawyer advised me to also attach a letter requesting that the child petition gets linked to her mom. I also uploaded the receipt from my child petition into her mom with the same letter. Finger crossed. 

 

 

If the petition doesn’t get linked right away, call USCIS with the NOA’s for both of them and request your child’s application be expedited to match your wife’s case. We had to do this and surprisingly enough, the children’s applications actually leap frogged mine, arriving at NVC before mine! Everything linked up and was no issue. 
 

Good luck! 

[MBGD 1]

On 1/26/2022 at 4:06 AM, mam521 said:

If the petition doesn’t get linked right away, call USCIS with the NOA’s for both of them and request your child’s application be expedited to match your wife’s case. We had to do this and surprisingly enough, the children’s applications actually leap frogged mine, arriving at NVC before mine! Everything linked up and was no issue. 
 

Good luck! 

They did not link them even though we asked.  Now we are waiting for my child's approval. Her mom got approved already. 

[mam521 1,982]

4 hours ago, MBGD said:

They did not link them even though we asked.  Now we are waiting for my child's approval. Her mom got approved already. 

Did you request an expedite on the grounds of the mother already having approval?  I'd try again.  That separation in the applications is challenging.