Is Having USC Children Helpful to Expedite a CR-1? (Not a Pregnancy)

[ScottB8390 1]

1. On the I-130, there’s a section that says “Provide information about the beneficiary's spouse and children.”

 

I’m a single father and the petitioner. Should I list my US Citizen son in that section? (Son from a prior relationship)

 

There’s no section for the petitioner to indicate that they have children.

 

 

2. My US Citizen son is living with my foreign beneficiary. Is there any way that we can expedite this process since children are involved?

 

3. I’m planning to resign from my current job. I do not want to resign before I submit the necessary paperwork for the immigration of my spouse so that I’m not considered unemployed. When can I resign so I don’t cause any unnecessary problems with my I-130 and I-134? I already have my W-2 for the year.

 

4. When it’s time for my partner’s interview, she will be the only one taking care of my son, is it possible (or helpful) for her to bring my US Citizen son to the interview with her?

 

5. Is it helpful at all to hire an immigration lawyer if the situation isn't complicated? I do want to expedite this process but there's no USCIS office in the country for DCF.

[pushbrk 12,890]

13 minutes ago, ScottB8390 said:

1. On the I-130, there’s a section that says “Provide information about the beneficiary's spouse and children.”

 

I’m a single father and the petitioner. Should I list my US Citizen son in that section? (Son from a prior relationship)

 

There’s no section for the petitioner to indicate that they have children.

 

 

2. My US Citizen son is living with my foreign beneficiary. Is there any way that we can expedite this process since children are involved?

 

3. I’m planning to resign from my current job. I do not want to resign before I submit the necessary paperwork for the immigration of my spouse so that I’m not considered unemployed. When can I resign so I don’t cause any unnecessary problems with my I-130 and I-134? I already have my W-2 for the year.

 

4. When it’s time for my partner’s interview, she will be the only one taking care of my son, is it possible (or helpful) for her to bring my US Citizen son to the interview with her?

 

5. Is it helpful at all to hire an immigration lawyer if the situation isn't complicated? I do want to expedite this process but there's no USCIS office in the country for DCF.

1.  No.  You are NOT the beneficiary.  Your wife is.  That space would be for YOU as spouse and then HER children, if any.

 

2.  No.  Your son can come to the USA at any time.  He's a US Citizen.

 

3.  If you resign before your spouse gets the actual visa, you'll need a qualified joint sponsor.  Best practice is for her to show a current pay stub for you during the interview, as evidence you are still working.  Exception would be if you have well over 3 times the liquid assets for a household of 3.  No I-134 for you.  You'll be using the I-864, several months after you file the I-130.  (My answer assumes this is a US job with US income.  If not, the answer would change.)

 

4.  Not possible.  Not helpful. 

 

5.  There are no USCIS office for DCF ANYWHERE, now.  It can be done only in exceptional circumstances.  Your choice to have your son live with your foreign spouse is "exceptional" but not an "exceptional circumstance".

[ScottB8390 1]

Thanks for answering my questions. That's disappointing news, but very helpful!

[pushbrk 12,890]

4 minutes ago, ScottB8390 said:

Thanks for answering my questions. That's disappointing news, but very helpful!

You're welcome.  Sounds like you're already getting your head around the idea that your wants and your convenience are not relevant to the process.  That you "WANT" to be together in the USA is a given.  Making it easy, convenient, or fast, is not even "a thing".