adding my (step) son and my wife's i130

[letmeknow 1]

Hello, I filed my wife's i130 and did the best I could. Upon filing out her DS-260, I was confused why it did not add our son from her previous marriage (he is 13). NVC informed me that he was an immediate relative and needed his own i130. I've read many different confusing advice related to this and seems that he may be able to join her green card but is not eligible for follow-to-join. Anyone can explain what we need to do? File a 2nd i-130 for our son and wait another year to get out of USCIS? Thank you in advance for your advice.

[powerpuff 6,697]

Topic moved from K1 fiancé visa forum to IR1/CR1 spousal visa forum.
 

Yes, your stepson needs a separate I-130 and cannot be a derivative under your wife’s petition. You can try to expedite with USCIS but no guarantees it will be granted. 

[letmeknow 1]

8 minutes ago, powerpuff said:

You can try to expedite with USCIS but no guarantees it will be granted. 

Thank you for your reply.

 

Sorry I should have mentioned in the OP, but I am a us citizen and my wife and I were married a little less than 2 years ago.

 

I don't believe that my son is eligible for expedite based on the reasons that USCIS site states. Any ideas what the best chance for an expedite is?

Edited September 24, 2023 by letmeknow

[powerpuff 6,697]

4 minutes ago, letmeknow said:

don't believe that my son is eligible for expedite based on the reasons that USCIS site states. Any ideas what the best chance for an expedite is?

My take is you just ask and hope for the best. It has worked for others in a similar situation:

 

 

[letmeknow 1]

Just now, powerpuff said:

My take is you just ask and hope for the best. It has worked for others in a similar situation:

 

 

Thank you and God bless you.

[JeanneAdil 6,498]

if u have not submitted all the supporting documents for the ds 260 and/or I 864,  u can delay the process for up to a year at the NVC step

this can allow the son's I 130 to catch up

u should notify NVC by email or snail mail once a month to keep wife's case open during this time and include the information about the son

[Boiler 45,486]

The expedites I have seen were when the petitioner naturalised, certainly try but do not expect anything.

 

In this case it seems the OP wanted to petition step son but did not file an I 130.

[pushbrk 12,881]

9 hours ago, JeanneAdil said:

if u have not submitted all the supporting documents for the ds 260 and/or I 864,  u can delay the process for up to a year at the NVC step

this can allow the son's I 130 to catch up

u should notify NVC by email or snail mail once a month to keep wife's case open during this time and include the information about the son

This is the way to go.  Delay spouse case at NVC, but you can actually delay more than a year, depending on what is already done.  It's a year between each NVC action/communication from the petitioner.  Certainly try an expedite, but if you want them to come together, you'll need to delay the spouse case at NVC.