I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

[RnJ2021 59]

My buddy's I-130 is at NFC for his wife but not her 8 year old child. Got the message 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

So I assume this would requires a new I-130 for the child with the same processing timeline as for the wife. (Roughly six months).

The child's US tourist visa expires in 2026. Should she just enter on the tourist visa and then do an adjustment of status?

 

Edited January 25 by RnJ2021
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[Ontarkie 14,215]

5 minutes ago, RnJ2021 said:

My buddy's I-130 is at NFC for his wife but not her 8 year old child. Got the message 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

So I assume this would requires a new I-130 for the child with the same processing timeline as for the wife. (Roughly six months).

The child's US tourist visa expires in 2026. Should she just enter on the tourist visa and then do an adjustment of status?

 

If your friend is a USC then yes he needs to file for the child ASAP. 

AOS is not and option is this case. 

Once your friend gets the receipt number for the child he can call and ask them to match the child's case to the mothers. This is not seen quite the same as an expedite so they do sometimes grant this. Hold on to mom's case at NVC to do progress until the child's reaches NVC. This way they can interview and move together. 

[RnJ2021 59]

The relationship between the child's parents is difficult. When does she have to show the parenting agreement that allows her immigrate to the USA? I-130 at USCIS or NFC? 

TIA

[RnJ2021 59]

19 minutes ago, RnJ2021 said:

The relationship between the child's parents is difficult. When does she have to show the parenting agreement that allows her immigrate to the USA? I-130 at USCIS or NFC? 

TIA

Digging through the files, there is a 2018 Ukrainian court order that states the child's residence shall be determined by the mother.

 

[Ontarkie 14,215]

39 minutes ago, RnJ2021 said:

The relationship between the child's parents is difficult. When does she have to show the parenting agreement that allows her immigrate to the USA? I-130 at USCIS or NFC? 

TIA

It comes in at the Interview

 

16 minutes ago, RnJ2021 said:

Digging through the files, there is a 2018 Ukrainian court order that states the child's residence shall be determined by the mother.

 

This should be all that is needed.

 

 

Is your friend a USC? I would like to move this thread if he is. 

Edited January 25 by Ontarkie

[RnJ2021 59]

2 hours ago, Ontarkie said:

It comes in at the Interview

 

This should be all that is needed.

 

 

Is your friend a USC? I would like to move this thread if he is. 

Yes he is the USC. 

 

[Ontarkie 14,215]

~~Moved to IR1/CR1 P&P, from Bringing Family of Permanent Residents- The OP's friend is a USC filling for wife and stepchild.~~

[pushbrk 12,869]

As an aside.  This is another caution to those who insist everybody should do this themselves.  Only those with the aptitude and motivation to carefully study forms and instructions, are able to do this on their own.  That's lots of folks, but not everybody.

 

[mam521 2,057]

21 hours ago, RnJ2021 said:

Digging through the files, there is a 2018 Ukrainian court order that states the child's residence shall be determined by the mother.

 

But do they have the official court order and are there associated visitation?  If so, then permission may be required from the other parent to allow the child to immigrate.  The US does take parental rights and access seriously and adhere to guidelines to essentially preventing parental abduction of a child.  

[pushbrk 12,869]

1 hour ago, mam521 said:

But do they have the official court order and are there associated visitation?  If so, then permission may be required from the other parent to allow the child to immigrate.  The US does take parental rights and access seriously and adhere to guidelines to essentially preventing parental abduction of a child.  

It definitely does matter what the court order says, but generally court ordered full custody is sufficient, unless international travel is specifically addressed.

[RnJ2021 59]

Ooops. My buddy accidently filled in items 61 and 52 so he got this back from NVC.   Any recommendation on the best way to proceed?

The above petition has been approved. However, you indicated on the petition that the beneficiary intends to apply for an immigrant visa abroad at a U.S. 
Embassy or a U.S. Consulate and will also apply for adjustment of status in the United States. Since you have indicated both options, USCIS has retained 
the petition.
 
If the beneficiary intends to apply for adjustment of status in the United States, they should submit a copy of this notice, along with a Form I-485, 
Application to Register Permanent Residence or Adjust Status. They can obtain Form I-485 from the USCIS website at www.uscis.gov, by contacting the 
USCIS National Customer Service Center (NCSC) at 1-800-375-5283, or by visiting the local USCIS field office. Filing address information can be found 
on the USCIS website at www.uscis.gov.
 
If the beneficiary decides to apply for an immigrant visa outside the United States based on this petition, you should file Form I-824, Application for Action 
on an Approved Application or Petition, to request that we send the petition to the U.S. Department of State National Visa Center (NVC).

[RnJ2021 59]

14 minutes ago, RnJ2021 said:

He filed an updated I-864 indicating his intent to sponsor the child. 

 

[appleblossom 2,438]

23 minutes ago, RnJ2021 said:

If the beneficiary decides to apply for an immigrant visa outside the United States based on this petition, you should file Form I-824, Application for Action 
on an Approved Application or Petition, to request that we send the petition to the U.S. Department of State National Visa Center (NVC).

 

Assuming the friend's spouse is outside the US then he needs to complete I-824 as said above. Unfortunately this will add quite a bit of time to the process. 

Edited February 5 by appleblossom

[RnJ2021 59]

The mother and child have B2 visas. The mothers petition is at NVC waiting for updated I-864. The mother performs internationally so did not want to do an I-485 and is currently a refugee in Ireland. Why would the I-824 add time to moving the approved I-130 to NFC. The mothers petition went from USCIS to NVC in days. The child is desperately eager to back to her life in Phoenix and it seems 485 might be easier because she will not need to travel. But, as always, I bow to the collective wisdom of this group.

[RnJ2021 59]

He is also processing U4U for his MiL who is with the girls in Ireland.

Edited February 5 by RnJ2021
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