SIMULTANEOUS FILING AOS FOR SPOUSE OF USCIT AND CR-1/IR-1 FOR STEPCHILD ABROAD

[EstambulPR 16]

All,

 

I could not find an answer to this question so sorry if it's redundant.

 

*Background- Filing AOS for spouse , package almost complete. I-130/130-A sent electronically recently so still within window for concurrent filing of AOS.

 

My stepchild (Minor under-18) is still abroad and will remain overseas during the IR/CR-1 process but must be physically in USA before her 18th birthday so my military/veterans/social security disability benefits kick in for her. (More on this later). That's 16 months from now. I realize Ankara has a long interview wait list and this is why I don't want to wait for my spouses AOS process to finish before starting my stepchild's.

 

Q1. Is there a way to simultaneously apply for both my spouse AOS and stepchild CR/IR-1 even thought the processes will be totally different?

 

Q2. Are there any advantages or disadvantages of doing so? (Cost/time/effort/etc).

 

Q3. Has anyone on this forum ever done this?

 

Thank you all for your responses.

 

 

 

[JeanneAdil 6,498]

first the child is a CR2/IR2 visa but the process is the same 

AOS (as in  k1 is not the same) as CR1

ADjustment of status is not done for spouse or child with CR1 

we do a affidavit of support at NVC  stage /I 864 for each petition and the process is the same (same documents /same evidence of income)

depending on age the only difference would be an infant /small child may not need criminal report

 

the important thing now is to get it done ASAP before the fees go up for the petitions /u will not be able to avoid the new NVC fee increases

 

[Crazy Cat 41,844]

14 minutes ago, JeanneAdil said:

ADjustment of status is not done for spouse or child with CR1 

I believe the spouse is already inside the US.....but the child is not.

[JeanneAdil 6,498]

5 minutes ago, Crazy Cat said:

I believe the spouse is already inside the US.....but the child is not.

she mentioned turkey embassy and filing together 

confusing

[Verrou 1,962]

where is ur wife right now ? inside or outside US?

 

inside US = adjustment of status

outside US = consular processing

 

2 different thing

 

you can file for the kid right now if you already file for ur wife. i-130 only

[EstambulPR 16]

3 hours ago, Crazy Cat said:

I believe the spouse is already inside the US.....but the child is not.

Exactly. Spouse is in USA on legal status. Stepchild abroad.

[EstambulPR 16]

1 hour ago, Verrou said:

where is ur wife right now ? inside or outside US?

 

inside US = adjustment of status

outside US = consular processing

 

2 different thing

 

you can file for the kid right now if you already file for ur wife. i-130 only

Yes spouse with me, kid abroad; and I dropped the 130/130A online 2 weeks ago and got receipt. Putting final touches on AOS package. However, forms 130A (i think?) and I-485 part 6 asks about any and all children and on Question 6 asks"is this child applying with you"

[Crazy Cat 41,844]

1 minute ago, EstambulPR said:

"is this child applying with you"

Answer is "No".  

[EstambulPR 16]

4 hours ago, EstambulPR said:

All,

 

I could not find an answer to this question so sorry if it's redundant.

 

*Background- Filing AOS for spouse already in USA , package almost complete. I-130/130-A sent electronically recently so still within window for concurrent filing of AOS.

 

My stepchild (Minor under-18) is still abroad and will remain overseas during the IR/CR-2 process but must be physically in USA before her 18th birthday so my military/veterans/social security disability benefits kick in for her. (More on this later). That's 16 months from now. I realize Ankara has a long interview wait list and this is why I don't want to wait for my spouses AOS process to finish before starting my stepchild's.

 

Q1. Is there a way to simultaneously apply for both my spouse AOS and stepchild CR/IR-2 even thought the processes will be totally different? How do you answer questions on I-486 Part 6 , question 6: "Is this child applying with you?. Also I think i saw a similar question on the 130 and on the i-865 Part 3 (Information about the immigrants you are sponsoring), Question3: "I am sponsoring the following family members who are immigrating more than 6 months after the principal immigrant."

 

Q2. Are there any advantages or disadvantages of doing so? (Cost/time/effort/etc).

 

Q3. Has anyone on this forum ever done this?

 

Thank you all for your responses.

 

 

 

 

[EstambulPR 16]

3 hours ago, JeanneAdil said:

she mentioned turkey embassy and filing together 

confusing

Yes, spouse in USA, filing AOS. Stepchild abroad need to do CR-2 /NVC process.

 

[EstambulPR 16]

1 hour ago, Verrou said:

where is ur wife right now ? inside or outside US?

 

inside US = adjustment of status

outside US = consular processing

 

2 different thing

 

you can file for the kid right now if you already file for ur wife. i-130 only

If i understand you correctly I can just file the i-130 for the minor stepchild and let the NVC process run?

[Verrou 1,962]

47 minutes ago, EstambulPR said:

If i understand you correctly I can just file the i-130 for the minor stepchild and let the NVC process run?

file i-130 with USCIS. wait roughly a year to get approved. once it approved it will be send to NVC for next processing

once done filing with NVC ( DS260 and i-864), it will be sent to embassy / consulate for interview. roughly 18-24 months total

 

u can file it today if u want

[pushbrk 12,877]

Just get it all filed and hope for the best.  16 months would be getting lucky though.

[Crazy Cat 41,844]

33 minutes ago, EstambulPR said:

Wow. 16 months

At the end of FY 2023 (September 2023), there 1,933,785 petitions (I-130s) pending in the pipeline.  

Number of Service-wide Forms Fiscal Year To Date (uscis.gov)

[EstambulPR 16]

26 minutes ago, Crazy Cat said:

At the end of FY 2023 (September 2023), there 1,933,785 petitions (I-130s) pending in the pipeline.  

Number of Service-wide Forms Fiscal Year To Date (uscis.gov)

Incredible. Ouch. I got my Turkish 1-year residence as tourist the same day. And my marriage green card in 2 weeks.  While I understand USA takes in more migrants than any other nation, it’s still inexcusable to make families wait years while some get ahead of the line privileges by skipping the line. And I was part of that bureaucracy…so the irony does not escape me. But I digress. Thanks for your time.