I-130 Upgrade Questions

[flipicaneze 20]

I am asking for a friend who is a LPR trying to get his family over to the USA to join him.  Next year he becomes a US Citizen (we hope).  He filed for his spouse and son back in 2000 and is DQ'd already and waiting for an interview date.  He is asking me questions but I cannot answer some of them as I have filed for IR1.  So far, I informed him after receiving his Naturalization Certificate and/or Passport he will have to file a separate I-130 for his child, he filed for him as a derivative of his spouse.

 

What I can't answer is:

 

1. Will he have to pay the fee for the separate petition?

 

2. Will his child's separate petition have to undergo approval from USCIS, thus delaying his case?

 

3.  Does he report this to USCIS, NVC or both?

 

(I have recommended checking out Visa Journey, just not sure if he'll actually visit the site.  Forums aren't for everybody) 

[Boiler 45,498]

Did he file individual I 130s?

[Mike E 11,739]

2 hours ago, flipicaneze said:

I am asking for a friend who is a LPR trying to get his family over to the USA to join him.  Next year he becomes a US Citizen (we hope).  He filed for his spouse and son back in 2000 and is DQ'd already and waiting for an interview date.  He is asking me questions but I cannot answer some of them as I have filed for IR1.  So far, I informed him after receiving his Naturalization Certificate and/or Passport he will have to file a separate I-130 for his child, he filed for him as a derivative of his spouse.

 

What I can't answer is:

 

1. Will he have to pay the fee for the separate petition?

yes

2 hours ago, flipicaneze said:

 

2. Will his child's separate petition have to undergo approval from USCIS, thus delaying his case?

yes

2 hours ago, flipicaneze said:

 

3.  Does he report this to USCIS, NVC or both?

 

Without knowing the timeline, i must say yes

2 hours ago, flipicaneze said:

 

(I have recommended checking out Visa Journey, just not sure if he'll actually visit the site.  Forums aren't for everybody) 

He can hire a lawyer then

[flipicaneze 20]

Quote

Did he file individual I 130s?

 

He filed only one I-130 for an F2, with his child as a derivative of his wife.

Edited August 5, 2023 by flipicaneze

[flipicaneze 20]

 

3 hours ago, Mike E said:

yes

yes

 

Without knowing the timeline, i must say yes

He can hire a lawyer then

 

Thank you for those answers.  I'll go ahead and relay that info.

 

Can he file the I-130 now as an F1 for his child now, so that by the time he becomes a citizen the additional I-130 should be getting approved by USCIS?

Edited August 5, 2023 by flipicaneze

[Boiler 45,498]

He should petition his child or wait until they get here before Naturalising.

[Mike E 11,739]

30 minutes ago, flipicaneze said:

 

Can he file the I-130 now as an F1 for his child now

Yes. This should have been done at the time the spouse’s I-130 was filed.

[flipicaneze 20]

On 8/4/2023 at 11:45 PM, Mike E said:

Yes. This should have been done at the time the spouse’s I-130 was filed.

I did clue him in on this being an option, but his petition was prepared by an attorney without consideration of him becoming a US Citizen.  I personally think it's irresponsible of his attorney not to present that option at the time of filing.

 

I will suggest to him to get his son's I-130 as soon as possible so it can be approved around the time he takes the oath resulting in, perhaps, a slight delay in his family's progress.

[Boiler 45,498]

11 minutes ago, flipicaneze said:

I did clue him in on this being an option, but his petition was prepared by an attorney without consideration of him becoming a US Citizen.  I personally think it's irresponsible of his attorney not to present that option at the time of filing.

 

I will suggest to him to get his son's I-130 as soon as possible so it can be approved around the time he takes the oath resulting in, perhaps, a slight delay in his family's progress.

There a possibility of expediting it.

 

The good news is he knows now, we usually see this after the beneficiary Parent has obtained their Immigrant Visa and they are wondering what happened to the child.

[Mike E 11,739]

11 minutes ago, flipicaneze said:

did clue him in on this being an option, but his petition was prepared by an attorney without consideration of him becoming a US Citizen.  I personally think it's irresponsible of his attorney not to present that option at the time of filing.

Agreed.

11 minutes ago, flipicaneze said:

 

I will suggest to him to get his son's I-130

With you involved, he is now in great hands.