Adding Bonus Children to Spouse’s Petition

[Nues 0]

Hello all, first time posting here but hoping to learn from your experiences.

 

I am a US citizen & live in the US; married my husband last year & he is a foreign national. He has 2 little ones (4 & 7 yr olds). 
 

I filed the I-30 for my husband alone last year & he was recently approved. The status now is that it has been sent to NVC for processing. I did not file for my bonus kids then as someone ill advised i would not be able to as only their biological parent can file for them. I have now learned that is incorrect.

 

My question now is this, can I/is it possible to add the children to my husband’s filing at this point? Or at what point can i do so? I would really love for them to migrate to the USA when their dad is.
 

Should i proceed to file I-30s for both children now, & how can i append this to my husband’s case? Would this cause any significant delays for him? 
 

How would you suggest i go about this?

Thank you all. 

[powerpuff 6,697]

20 minutes ago, Nues said:

My question now is this, can I/is it possible to add the children to my husband’s filing at this point?

20 minutes ago, Nues said:

Should i proceed to file I-30s for both children now, & how can i append this to my husband’s case?

There’s no adding them. They will be their own separate petitions. You should file now but do not expect them to follow the same timeline for I-130 as your husbands since as I mentioned they are separate cases. 
 

 

20 minutes ago, Nues said:

Would this cause any significant delays for him? 

If you want them to immigrate at the same time as the dad, then yes there’ll be a delay as you’ll have to wait for the kids petitions to “catch up” when they get to NVC. You should I delay filing any documents to NVC for your husband (as long as you keep contact with them once a year) and when the kids petitions will be approved and sent to NVC, then they’ll be processed on the same timeline.

 

Also keep in mind he’ll need to show that he is allowed to take them out of the country to immigrate to the US (can be a letter from the mom or court order). 

Edited July 23, 2023 by powerpuff

[pushbrk 12,883]

22 hours ago, powerpuff said:

There’s no adding them. They will be their own separate petitions. You should file now but do not expect them to follow the same timeline for I-130 as your husbands since as I mentioned they are separate cases. 
 

 

If you want them to immigrate at the same time as the dad, then yes there’ll be a delay as you’ll have to wait for the kids petitions to “catch up” when they get to NVC. You should I delay filing any documents to NVC for your husband (as long as you keep contact with them once a year) and when the kids petitions will be approved and sent to NVC, then they’ll be processed on the same timeline.

 

Also keep in mind he’ll need to show that he is allowed to take them out of the country to immigrate to the US (can be a letter from the mom or court order). 

The answers above are correct.  Get permission from the other parent for them to immigrate and file petitions for them.  If you want them to come at the same time, you can simply stall your spouse case at NVC.  Lots of information here about how to do that, but start by doing nothing with NVC for now.