My F2A case for my wife and kids stuck since 2017

[famikhan38 0]

Hello VJ experts,

I have very long and heart wrenching journey but I will cut it short. I applied for my wife in 2017 as lpr, by May 2019 she and my kids (born in 2018) had their interview in Pakistan but they were handed 221G and then I submitted all required docs but had no answer, I kept emailing them but they didn't move an inch and then covid and all the bans started, now back in DeC 2021 they reopened my case and asked for Medical, visa photos and passport and now I had a third child so I added him and then they schedule an interview for my newborn only obviously along with my wife and it happened on Feb 08 2022, this time VO said everything is good except for my passport which they haven't recieved, unfortunately we mailed the passport through the courier because it was for my wife and took the passport of newborn to embassy which they kept, my wife passport was mailed on 27 Jan 2022 and when I asked courier they said passport was received by embassy on 28 now I am not sure what happened to it, anyway till now my case was refused but now on 24 Feb it changed to AP, am I again in the long cycle of AP. I can't tell you how hard it is for me and my family and miss you kids childhood to be in AP for 3 years and now after second interview they have again put my family in AP, the frustration can not be define in words. Please guide me.

Thanks  

[Mike E 11,739]

I am sorry this is taking so long.  
 

Did you become a citizen before or after your third child was born?

[famikhan38 0]

6 hours ago, Mike E said:

I am sorry this is taking so long.  
 

Did you become a citizen before or after your third child was born?

Yes luckily I become naturalize in Feb 2022.

[arken 4,197]

Not to add salt to your wound, now that you are a US citizen, your both kids won't be issued visas based on your petition to your wife. They will need separate petitions.

 

7 hours ago, famikhan38 said:

this time VO said everything is good except for my passport which they haven't recieved,

Dod they ask for your passport? Which passport did you send? US passport or former passport?

 

[famikhan38 0]

Ohh no but how they know I am citizen as I haven't inform them yet and Sorry they were asking about my wife passport

[aaron2020 11,651]

9 minutes ago, famikhan38 said:

Ohh no but how they know I am citizen as I haven't inform them yet and Sorry they were asking about my wife passport

You are required to tell them that you became a US citizen.  It would be immigration fraud for them to be processed in the F2a category.  Your wife's case is now an IR-1 case where derivative beneficiaries are not allowed.  

 

You must file separate I-130 for your kids.  

There is no way around this.  

 

Sorry.

Edited February 25, 2022 by aaron2020

[aaron2020 11,651]

29 minutes ago, famikhan38 said:

Yes luckily I become naturalize in Feb 2022.

Not lucky.  This forced your wife's case to move from the F2a category to the IR-1 category where derivative beneficiaries are not allowed. 

You must inform the US Embassy that you are a US citizen.

 

You must file separate I-130 for your kids.  

Do not try to have them processed in the F2a category.  This is immigration fraud.  Don't do it.  

[famikhan38 0]

Looks like never ending Journey for me, anyways I am completely fed up now and I might go back for good, however I would like to try one last thing i.e., CBRA for my kids and I am not sure if I would be eligible for it or not.

[aaron2020 11,651]

3 minutes ago, famikhan38 said:

Looks like never ending Journey for me, anyways I am completely fed up now and I might go back for good, however I would like to try one last thing i.e., CBRA for my kids and I am not sure if I would be eligible for it or not.

Your kids are not US citizens and not eligible for CRBA.  You naturalized after they were born.

Only one way to do this legally.  

[famikhan38 0]

4 minutes ago, aaron2020 said:

Your kids are not US citizens and not eligible for CRBA.  You naturalized after they were born.

Only one way to do this legally.  

Surely I am not trying to dodge the system but may be you have less knowledge on CBRA, bcoz my friend became naturalize and her two years old daughter became citizen back home after applying CBRA, so I have similar case but need to check other eligibility for that

[limegreenbowler 45]

The petitioner naturalizing and having derivative children fall off a spousal petition is a reason that a Consulate might accept an I-130 directly filed at Post, which would be much faster than filing for your children through USCIS. It's worth asking them if they would allow you to file I-130s for your kids directly at the Consulate. But generally, naturalizing during a process like this is actually a very bad idea in most cases. 

[Boiler 45,486]

The quickest google will bring up CRBA requirements.

 

Normally I would suggest a WoM but in this case you need the children's petitions to catch up.

[famikhan38 0]

5 minutes ago, limegreenbowler said:

The petitioner naturalizing and having derivative children fall off a spousal petition is a reason that a Consulate might accept an I-130 directly filed at Post, which would be much faster than filing for your children through USCIS. It's worth asking them if they would allow you to file I-130s for your kids directly at the Consulate. But generally, naturalizing during a process like this is actually a very bad idea in most cases. 

What happen in the case if visa is issued as derivative, can I file I130 for my kids when they arrive here.

[Boiler 45,486]

Just now, famikhan38 said:

What happen in the case if visa is issued as derivative, can I file I130 for my kids when they arrive here.

I would be concerned about the fraud consequences.

[retheem 564]

Actually, you can proceed on with the F2A. Btw, it is a very common thing for people to continue as F2A and kids as derivatives. It is not a crime