Got my embassy appointment while still waiting for stepchild I130 petition.

[yessir2020 1]

Hello everyone,

 

I just got interview date at my embassy for myself (IR1), but my wife and I also had another I130 petition for my son (her step child) which is still in processing at USCIS.

 

His case states "Case Is Being Actively Reviewed By USCIS" on the USCIS website. 

 

I am wondering if there is a process to join his petition to mine, in order for us to both attend the same interview.  My interview is middle of May 2022. 

Is it best to call NVC or the Embassy. I have a lawyer but would also appreciate other opinions on the matter. 

 

 

Thanks in advance for your replies

[Crazy Cat 43,354]

You should have done this before paying the NVC fees and submitting documents for your case.  Once the interview has been scheduled, NVC is no longer in control of that case.  All correspondence should be between you and the consulate concerning your case.  I see only one good option:

 

1.  Contact the consulate and postpone the scheduled interview.  Be aware that this will severely impact the time between visa issue and expiration date.

2.  Contact USCIS and request an expedite of the child's case.

 

Your attorney needs to get to work since he/she SHOULD have prevented this problem.

Edited April 15, 2022 by Crazy Cat

[Crazy Cat 43,354]

Be aware that YOUR visa's expiration date will be no more than 6 months from YOUR medical exam.  The child's case could take several months until his visa is issued.  Your attorney should have known this.

 

Edited April 15, 2022 by Crazy Cat

[Crazy Cat 43,354]

On March 17th, you were advised by VJ members to delay your case at NVC.

Edited April 15, 2022 by Crazy Cat

[yessir2020 1]

Yes I am aware of the six months expiration. My son's petition was done after my case was documentarily qualified.

 

So yes I will probably contact USCIS for an expedite of his case, if its not possible I would go on my interview since they are so hard to get nowadays and long wait times.

 

 When his petition is approved I will carry him to the embassy.

 

 

[Crazy Cat 43,354]

3 minutes ago, yessir2020 said:

Yes I am aware of the six months expiration. My son's petition was done after my case was documentarily qualified.

 

So yes I will probably contact USCIS for an expedite of his case, if its not possible I would go on my interview since they are so hard to get nowadays and long wait times.

 

 When his petition is approved I will carry him to the embassy.

 

 

Assuming his interview is scheduled and visa is issued prior to your expiration date since "they are so hard to get nowadays and long wait times." ....good luck.

Edited April 15, 2022 by Crazy Cat

[yessir2020 1]

Posted 1 minute ago

 

 

Assuming his interview is scheduled and visa is issued prior to your expiration date.....good luck.

 

 

Yes if needed I would have to carry him to his own interview, which is no problem. 

 

Thanks for the information

[Crazy Cat 43,354]

3 minutes ago, yessir2020 said:

Posted 1 minute ago

 

 

Assuming his interview is scheduled and visa is issued prior to your expiration date.....good luck.

 

 

Yes if needed I would have to carry him to his own interview, which is no problem. 

 

Thanks for the information

If your visa expires prior to travel,  the consulate must re-issue it......at their discretion.  One option is for you to travel to the US after your visa is issued (before expiration), become a legal resident, then return to your country for his interview.

[yessir2020 1]

1 minute ago, Crazy Cat said:

If your visa expires prior to travel,  the consulate must re-issue it......at their discretion.  One option is for you to travel to the US after your visa is issued (before expiration), become a legal resident, then return to your country for his interview.

Yes I plan to travel and confirm my status then come back. That's no issue. Would just have been better to do everything one time with him. 

 

But all is good considering the backlog and everything else.

[Crazy Cat 43,354]

1 minute ago, yessir2020 said:

Yes I plan to travel and confirm my status then come back

Under the circumstances, I think that is a good plan.  Good luck.

Please fill in your VJ time line.

[yessir2020 1]

2 minutes ago, Crazy Cat said:

Under the circumstances, I think that is a good plan.  Good luck.

Please fill in your VJ time line.

Yes I will definitely update the VJ timeline

 

 

[Redro 4,613]

11 hours ago, yessir2020 said:

Posted 1 minute ago

 

 

Assuming his interview is scheduled and visa is issued prior to your expiration date.....good luck.

 

 

Yes if needed I would have to carry him to his own interview, which is no problem. 

 

Thanks for the information

Random question: Did you list your child on your DS260 as you only found out about their birth so late?  And are you on the birth certificate?

 

Looking at your previous post you were DQ'ed in January 2021. It looks like a long wait from DQ to interview for your country. 

Do you have sole custody of your child or does the mother have custody? If the mother has custody, I think it will be okay if you move to the US after your interview and then you can fly back to your home country after your child's interview is scheduled so you can take them. You need to remember as an LPR you should not stay out of the US for more than 6 months at a time as that will break your residency. 

 

Good luck with your interview in May. I hope it goes well. And if it is in the best interest of the child I hope your expedite is approved.