I-864, DS-260, kids and document review

[KD20 8]

Really hoping we didn't screw something up.  Today we got a notification that we had messages from the NVC.  It's been a few months since we submitted our documents.  I know what the issue is with the one document and it should be a quick, easy fix, but there is also a message that says "DS-260 Review Note -The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate." 

 

This is causing me to panic a little bit.  I am the applicant (in Canada) and have 2 kids under the age of 18.  My husband (the American) is their stepfather, not their bio dad.  Did we miss a step somehow where we needed to file completely different applications for the kids? If so, is this something that will be able to just be attached to mine, or are we going to have to go all the way back to square one?  It's already been about 15 months and I feel physically sick at the thought we will have to wait that long again because we did something wrong with the kids part 😟

Also, once we do submit the one fixed document, how long does it take before they review it again? It took around 3 months for them to review the stuff we had submitted originally.  I'm hoping that is something that will only take a short time to re-review instead of going back to the start of the review process again.  Anyone have some insight into that?

I appreciate any replies.  Please be gentle. I'm feeling overwhelmed, frustrated and very anxious already.
 

Edited February 4, 2022 by KD20
Typos

[Redro 4,611]

23 minutes ago, KD20 said:

Really hoping we didn't screw something up.  Today we got a notification that we had messages from the NVC.  It's been a few months since we submitted our documents.  I know what the issue is with the one document and it should be a quick, easy fix, but there is also a message that says "DS-260 Review Note -The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate." 

 

This is causing me to panic a little bit.  I am the applicant (in Canada) and have 2 kids under the age of 18.  My husband (the American) is their stepfather, not their bio dad.  Did we miss a step somehow where we needed to file completely different applications for the kids? If so, is this something that will be able to just be attached to mine, or are we going to have to go all the way back to square one?  It's already been about 15 months and I feel physically sick at the thought we will have to wait that long again because we did something wrong with the kids part 😟

Also, once we do submit the one fixed document, how long does it take before they review it again? It took around 3 months for them to review the stuff we had submitted originally.  I'm hoping that is something that will only take a short time to re-review instead of going back to the start of the review process again.  Anyone have some insight into that?

I appreciate any replies.  Please be gentle. I'm feeling overwhelmed, frustrated and very anxious already.
 

Yes. Because your husband is a US citizen he needed to file 3 separate petitions for the 3 of you.

Only permanent residents can include derivatives on the form (when petitioning a spouse). 

You need file two separate I-130s for your kids. 

More experienced members can tell you how to pause your application while you wait for the other two I-130s to be approved. 

Once you submit the corrected forms, you go back to the end of the NVC queue. But, you probably do not want to submit the forms if you want your children to move to the States with you. 

 

Edited February 4, 2022 by Kor2USA

[KD20 8]

50 minutes ago, Kor2USA said:

Yes. Because your husband is a US citizen he needed to file 3 separate petitions for the 3 of you.

Only permanent residents can include derivatives on the form (when petitioning a spouse). 

You need file two separate I-130s for your kids. 

More experienced members can tell you how to pause your application while you wait for the other two I-130s to be approved. 

Once you submit the corrected forms, you go back to the end of the NVC queue. But, you probably do not want to submit the forms if you want your children to move to the States with you. 

 

Ugh that's what I was afraid of.

 

So if we have to submit the applications for them, are we looking at another 15 month wait, like as in starting right from the beginning with them? That's really pretty devestating if that's the case. 😭 I'm feeling pretty defeated right now.

[Redro 4,611]

Just now, KD20 said:

Ugh that's what I was afraid of.

 

So if we have to submit the applications for them, are we looking at another 15 month wait, like as in starting right from the beginning with them? That's really pretty devestating if that's the case. 😭 I'm feeling pretty defeated right now.

I am so sorry. 

This is an issue a couple of people have encountered. You could try to expedite the cases after you submit the forms.

And if possible (I read your previous posts) maybe reach out to your ex again and see if you can get CRBAs and US passports for your children. 

Beg him/ nag him/ annoy him. 

[KD20 8]

1 minute ago, Kor2USA said:

I am so sorry. 

This is an issue a couple of people have encountered. You could try to expedite the cases after you submit the forms.

And if possible (I read your previous posts) maybe reach out to your ex again and see if you can get CRBAs and US passports for your children. 

Beg him/ nag him/ annoy him. 

I tried that, he's not cooperating with it at all 😕 he knows it will help us and he's unfortunately petty like that. 

 

We might try and talk to a lawyer and see if there is a way to get it without him being the one to apply for it. There might not be, but it's worth a try and will beat starting all over again. 

 

Thanks so much for your replies!

[mam521 2,062]

Everyone needs their own applications.  When we did my initial filing, hubs hadn't naturalized yet, so the kids were derivatives on my petition.  When he got his citizenship, we "upgraded" my petition to IR-1 and submitted separate petitions for the children.  Once we received our NOA1 for their petitions, we called USCIS, explained the situation and they were able to link the kids to my petition and expedite the children's petitions through to match mine.  I realize you're at the NVC stage, but that's the approach I'd take to quickly get them through USCIS and to NVC, especially if bio dad won't stop being a douche about the CRBA.  (I haven't seen your other thread yet)

 

Question: do the children's long form birth certificates say their father's name and his place of birth?  It may help if you're trying to get the CRBA without his assistance.  

 

Oh, something to note once you get the kids' applications to NVC - it doesn't ask for the marriage certificate to be uploaded for the kids' petitions, but we got a RFE to upload it.  Might be worth it to stick it in there as an "other" document and hopefully save yourself a headache.  

[KD20 8]

Thanks for your reply!  It's comforting that you were able to get the kids expedited after the NOA1.  That would at least save a few months!  

My husband called a lawyer this morning and we have an appointment next week.  He said getting my kids their citizenship is probably the fastest way for us to deal with this mess.  He said he can help with that despite my ex-husband not being cooperative - it just makes it more difficult.  He estimated that we are probably at a minimum a year out now.  It's depressing and I'm struggling mentally now.  This feels like we will never get there - we started all of this over 3 years ago and everything has just gotten messed up from COVID and then us making a sting of mistakes, ugh  

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

[iwannaplay54 985]

On 2/3/2022 at 7:37 PM, KD20 said:

Really hoping we didn't screw something up.  Today we got a notification that we had messages from the NVC.  It's been a few months since we submitted our documents.  I know what the issue is with the one document and it should be a quick, easy fix, but there is also a message that says "DS-260 Review Note -The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate." 

 

This is causing me to panic a little bit.  I am the applicant (in Canada) and have 2 kids under the age of 18.  My husband (the American) is their stepfather, not their bio dad.  Did we miss a step somehow where we needed to file completely different applications for the kids? If so, is this something that will be able to just be attached to mine, or are we going to have to go all the way back to square one?  It's already been about 15 months and I feel physically sick at the thought we will have to wait that long again because we did something wrong with the kids part 😟

Also, once we do submit the one fixed document, how long does it take before they review it again? It took around 3 months for them to review the stuff we had submitted originally.  I'm hoping that is something that will only take a short time to re-review instead of going back to the start of the review process again.  Anyone have some insight into that?

I appreciate any replies.  Please be gentle. I'm feeling overwhelmed, frustrated and very anxious already.
 

Yeah, kiddos need separate petitions.  Best to hold your case up at NVC or embassy (keep checking in with them) until theirs catches up.

Edited February 18, 2022 by iwannaplay54