IR-1 Questions

[Tarisus517 2]

7 minutes ago, pushbrk said:

Their cases would proceed separately.  Better to file together.   If that mean waiting a month for both, so be it.  

Bio dad is giving us trouble not letting the kid go. 

[pushbrk 12,606]

39 minutes ago, Tarisus517 said:

Bio dad is giving us trouble not letting the kid go. 

That's why you resolve that issue first.  Is your wife really willing to come without her daughter.  These things happen.  Often the other parent wants a bribe.  Giving permission to immigrate to the USA, often means the parent may never see their child again.  

[Tarisus517 2]

2 hours ago, pushbrk said:

That's why you resolve that issue first.  Is your wife really willing to come without her daughter.  These things happen.  Often the other parent wants a bribe.  Giving permission to immigrate to the USA, often means the parent may never see their child again.  

If I file separately, does the interview become separate too? The older child and bio dad absolutely hate each other so if she didn’t come with my wife and I. That’s who she has to live with.

[pushbrk 12,606]

6 minutes ago, Tarisus517 said:

If I file separately, does the interview become separate too? The older child and bio dad absolutely hate each other so if she didn’t come with my wife and I. That’s who she has to live with.

If you want them to interview together, then file together.  Your WIFE needs to decide whether she is willing to leave her daughter behind or not.  If NOT, then you need to resolve the issue before filing anything.

[Tarisus517 2]

13 hours ago, pushbrk said:

If you want them to interview together, then file together.  Your WIFE needs to decide whether she is willing to leave her daughter behind or not.  If NOT, then you need to resolve the issue before filing anything.

She said whatever the kid decides for herself is fine with her. The main thing is bio dad is holding the custody. 
 

Does filing separately mean that shes leaving her kid behind?

[JayFromTexas 66]

1 hour ago, Tarisus517 said:

She said whatever the kid decides for herself is fine with her. The main thing is bio dad is holding the custody. 
 

Does filing separately mean that shes leaving her kid behind?

No. You can file separately and they can be processed separately.

[pushbrk 12,606]

5 hours ago, Tarisus517 said:

She said whatever the kid decides for herself is fine with her. The main thing is bio dad is holding the custody. 
 

Does filing separately mean that shes leaving her kid behind?

But, it is CLEARLY NOT "up to the kid to decide", because the bio dad hold custody.

 

Filing separately means their cases will be processed separately through USCIS.  How far apart can mean that the kid must be left behind for at least some time.  You've already said she's ok with "whatever the kid decides" combined with "bio dad is holding the custody" so you have your answer already.  Do as your wish.

[Tarisus517 2]

On 4/2/2023 at 5:53 PM, pushbrk said:

But, it is CLEARLY NOT "up to the kid to decide", because the bio dad hold custody.

 

Filing separately means their cases will be processed separately through USCIS.  How far apart can mean that the kid must be left behind for at least some time.  You've already said she's ok with "whatever the kid decides" combined with "bio dad is holding the custody" so you have your answer already.  Do as your wish.

Thank you for the info. The child did ask her dad to come to prepare legal paper’s tomorrow morning. We’ll see how it goes. 
 

From my experience, even tho the bio dad has power to hold her, I think he rather not live with the child at all. It’s as simple as leaving her at her dads will convince him to give us the paperwork. They cannot stand each other. 
 

I’m sorry for previous post but I did leave out a little bit info about the kid’s personality. It’s complicated. 

Edited April 3, 2023 by Tarisus517

[powerpuff 6,465]

~~ Duplicate thread removed. Do not start multiple threads asking related questions as that’s considered spamming ~~
 

10 minutes ago, Tarisus517 said:

Hi guys, I’m very excited since I got all the paperwork together for my wife but I do have a question.
 

I’m trying to file I-130 for my wife online. Since we don’t have everything ready for my stepchild. If I file for my wife now on USCIS site and file stepchild’s case later. Does that automatically separate the cases for my wife and my stepchild?

 

How does one tell if cases are done separately or together?  

 

[Tarisus517 2]

@powerpuffI apologize for not knowing. 

Does anyone know that if an interview doesn’t go well or if let’s say my stepchild says wrong things at the interview, does that prevent her from moving forward to get a visa stamp?

[Tarisus517 2]

I just want to clear some information up, maybe someone can help me with the right path for this situation. 
 

so basically, I’m worried that my stepdaughter might purposely say stuff at the interview phase to prevent both my wife and her getting visas. She has long history of being toxic to everyone but her mom. But not knowing that this is serious and will completely prevent her from coming to US. She might regret it later.

 

She is a middle school dropout which is not common in China, when I met her mom she was already not going to school. I thought it would have been best to go back(I told my wife I would pay for her private school) since I thought US school would be great for her, I went through it. She hates school and found out I was the advocate for her to go back. Because of this, she dislikes me and has attempted to cause problems at family gathering etc, but rest of extended family knows her too well and nothing came out of it. All of my wife’s family loves me. 
 

My wife won’t leave the country without her daughter because she knows family from both sides does not want to deal with my stepdaughter. So I am worried that if my stepdaughter might cause problems at the interview. Does her interview affect my wife getting visa or just hers? Is it possible for me to file separately and then if say my wife gets everything done and is ready to go, can she wait for my stepdaughters case to come around and leave together? Please help, this is so hard for me to decide. I know it is not common to file separately.

Edited April 25, 2023 by Tarisus517

[Lil bear 4,083]

36 minutes ago, Tarisus517 said:

I just want to clear some information up, maybe someone can help me with the right path for this situation. 
 

so basically, I’m worried that my stepdaughter might purposely say stuff at the interview phase to prevent both my wife and her getting visas. She has long history of being toxic to everyone but her mom. But not knowing that this is serious and will completely prevent her from coming to US. She might regret it later.

 

She is a middle school dropout which is not common in China, when I met her mom she was already not going to school. I thought it would have been best to go back(I told my wife I would pay for her private school) since I thought US school would be great for her, I went through it. She hates school and found out I was the advocate for her to go back. Because of this, she dislikes me and has attempted to cause problems at family gathering etc, but rest of extended family knows her too well and nothing came out of it. All of my wife’s family loves me. 
 

My wife won’t leave the country without her daughter because she knows family from both sides does not want to deal with my stepdaughter. So I am worried that if my stepdaughter might cause problems at the interview. Does her interview affect my wife getting visa or just hers? Is it possible for me to file separately and then if say my wife gets everything done and is ready to go, can she wait for my stepdaughters case to come around and leave together? Please help, this is so hard for me to decide. I know it is not common to file separately.

Each application stands alone .. though a resistant dependent interviewing wt the same time doesn't sound good. Your wife must enter the US before either her visa or medical expire .. may be up to six months after interview or less depending  on the timing of her medical .. so the daughters process can’t be too far behind her mothers. It sounds like a ticking time bomb situation that you’re entering into … 

[Tarisus517 2]

On 4/25/2023 at 3:48 AM, Lil bear said:

Each application stands alone .. though a resistant dependent interviewing wt the same time doesn't sound good. Your wife must enter the US before either her visa or medical expire .. may be up to six months after interview or less depending  on the timing of her medical .. so the daughters process can’t be too far behind her mothers. It sounds like a ticking time bomb situation that you’re entering into … 

Thanks for the reply. I have read others who have tried to delay the interview is a bad idea(eventually canceled). So I will apply I-130s together and if issues pop up during that phase, I will go from there. I think I am able to handle the kid differently as I have for past year.