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."

[appleblossom 2,482]

2 minutes ago, RnJ2021 said:

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.

 

As said by others above, if they're outside the US, then I-485 is NOT an option. That would be immigration fraud.

 

As for why it would add time, it's because it's unfortunately added an unnecessary step to the process. How long it takes will depend on which service centre it's sent to - https://egov.uscis.gov/processing-times/ 

[RnJ2021 59]

On 1/26/2024 at 1:19 PM, 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.  

No, The mother left the father while she was pregnant when she found out he was married; He subsequently kidnapped the child in an attempt to force the mother back in relationship with him. this action resulted in the court order. Given his prominence and corruption in Ukraine, he was never prosecuted for kidnapping a one year old child. He has no rights to the child and no relationship. The child's current stepfather and petitioner was part of the team that hunted her down and returned her to her mother.

 

Edited February 5 by RnJ2021
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[RnJ2021 59]

43 minutes ago, appleblossom said:

 

As said by others above, if they're outside the US, then I-485 is NOT an option. That would be immigration fraud.

 

As for why it would add time, it's because it's unfortunately added an unnecessary step to the process. How long it takes will depend on which service centre it's sent to - https://egov.uscis.gov/processing-times/ 

Confused. The I-130 for the child states she is currently in Ireland. The USCIS states in its approval that both options are available and gives explicit instructions on how to proceed with the I-485.

[nastra30 2,284]

4 minutes ago, RnJ2021 said:

Confused. The I-130 for the child states she is currently in Ireland. The USCIS states in its approval that both options are available and gives explicit instructions on how to proceed with the I-485.

She's outside the US so the only option right now is to file I-824 so the case can be transferred to NVC. Good luck.

[appleblossom 2,482]

2 hours ago, RnJ2021 said:

Confused. The I-130 for the child states she is currently in Ireland. The USCIS states in its approval that both options are available and gives explicit instructions on how to proceed with the I-485.

 

It's because he indicated both on the form, so they've given both options. But as above, if she's outside of the US, the only possible option is consular processing, so the I-824 needs filing asap.

[RnJ2021 59]

So my buddy's congressman  talked to his contact at USCIS. The processing time for an I-824 is 20 months. That is a long time for an 8 year old. As soon as my buddy gets the receipt, he'll get the number to the congressman who will get it to his contact. The contact will try to expedite it to NVC. The child's mother is DQ'd and her case should arrive at Dublin any day now.  So she will have her immigrant visa soon. If expediting the I-824 fails, then mom has to enter the USA with the girl.   Under these circumstances, is AOS the appropriate way to go for the girl?

 

My buddy also wants to know if can just do another I-130. He does not mind paying the fee. Any thoughts? TIA

[RnJ2021 59]

Another thought that popped into my head is that since the only thing the child needs in Ireland is the medical exam, can she get that, come to the USA with her mom and wait for the paperwork to catch up?

 

[appleblossom 2,482]

23 minutes ago, RnJ2021 said:

So my buddy's congressman  talked to his contact at USCIS. The processing time for an I-824 is 20 months. That is a long time for an 8 year old. As soon as my buddy gets the receipt, he'll get the number to the congressman who will get it to his contact. The contact will try to expedite it to NVC. The child's mother is DQ'd and her case should arrive at Dublin any day now.  So she will have her immigrant visa soon. If expediting the I-824 fails, then mom has to enter the USA with the girl.   Under these circumstances, is AOS the appropriate way to go for the girl?

 

My buddy also wants to know if can just do another I-130. He does not mind paying the fee. Any thoughts? TIA

 

It's not necessarily 20 months, depends on which service centre it's sent to, it could be much less - https://egov.uscis.gov/processing-times/

 

He can do another I-130 but it'll likely take just as long so not sure I see the point tbh. 

 

They can't bring the daughter to the US with the intent to AOS, that's immigration fraud. 

[RnJ2021 59]

The shortest processing time I saw was 3.5 months at California.  Mom will be in the USA by then.

 

The original I-130 was very fast. Less than two weeks.

[RnJ2021 59]

9 minutes ago, appleblossom said:

They can't bring the daughter to the US with the intent to AOS, that's immigration fraud. 

So they bring the child to the USA to be her family while the paperwork at USCIS is resolved. 

Once the approved petition is at NVC, what is the best way for this family to proceed?

 

[appleblossom 2,482]

17 minutes ago, RnJ2021 said:

So they bring the child to the USA to be her family while the paperwork at USCIS is resolved. 

Once the approved petition is at NVC, what is the best way for this family to proceed?

 

Why can’t the Mom delay her interview and visa until the daughter catches up, as suggested above? She needs to wait to move with her daughter. 
 

And it’s the same process for the child as it was for Mom - submit docs, pay fees, wait for interview at the consulate etc.

[Ontarkie 14,218]

Delay mom's interview. Call USCIS and ask if they can match the child's case with mom's. They sometimes will do this because it is not technically an expedite so they don't have to follow certain criteria. 

59 minutes ago, RnJ2021 said:

Another thought that popped into my head is that since the only thing the child needs in Ireland is the medical exam, can she get that, come to the USA with her mom and wait for the paperwork to catch up?

 

Can't get the medical until they give the Ok which is when the interview is set. 

[RnJ2021 59]

6 minutes ago, Ontarkie said:

Can't get the medical until they give the Ok which is when the interview is set. 

The child does not need an interview.

[Ontarkie 14,218]

3 minutes ago, RnJ2021 said:

The child does not need an interview.

Unless this is something new. Yes she sure will. 

[RnJ2021 59]

17 minutes ago, appleblossom said:

Why can’t the Mom delay her interview and visa until the daughter catches up, as suggested above? She needs to wait to move with her daughter. 

Child and mom want to come home. Because of their tourist visas, they have spent half of the last 8 years with her stepfather. And he spent a lot of the other half with them in Kyiv.