What to do when the primary beneficiary of the IR needs the waiver and the dependents do not but the dependents cannot enter the country without the primary beneficiary?

[Talita Redmond 0]

Can someone please help me with this situation? My husband applied the ir1 visa for me and an IR2 visa for my two kids, but I will will need a 601 waiver. The problem is that my kids  they can’t to come to the US without me  because they are children and one of them has severe depression and cannot live without me. He is emocional dependent of me. We all know that after his visa is approved, he only has six months to enter the country. How does USCIS work in this case to only allow my stepchildren to enter the country at the same time as me? I see that two children alone in such a change is very radical and almost cruel. Is it possible to put their visas on hold? Something like that? Please, no offense or disrespect, this is a delicate situation that involves children. Respect!

[SalishSea 17,663]

52 minutes ago, Talita Redmond said:

Can someone please help me with this situation? My husband applied the ir1 visa for me and an IR2 visa for my two kids, but I will will need a 601 waiver. The problem is that my kids  they can’t to come to the US without me  because they are children and one of them has severe depression and cannot live without me. He is emocional dependent of me. We all know that after his visa is approved, he only has six months to enter the country. How does USCIS work in this case to only allow my stepchildren to enter the country at the same time as me? I see that two children alone in such a change is very radical and almost cruel. Is it possible to put their visas on hold? Something like that? Please, no offense or disrespect, this is a delicate situation that involves children. Respect!

Your husband is a USC, correct?  Meaning they are not derivatives on your petition, but have their own free-standing petitions?

 

You don't say where you are in the process, but you can delay their visas at the NVC stage, by simply not uploading documents.  You would need to contact the NVC annually to keep the petitions active.

 

 

[Talita Redmond 0]

Yes, my husband is USC. I am waiting for the interview appointment at the consulate in Rio de Janeiro and my children are paying the fees. At first the lawyer said this to delay their NVC process, but then he said that this is not possible and that they would have to apply for a visa and now they would go to the US without me. The issue is that I will not separate from my children again because this is a huge trauma for both me and them, due to the years I spent in the US without them before, which caused me and my son to suffer a deep depression. In addition, they depend on me for everything. They do not speak English, which would be a very radical change for them to now go and live alone with their stepfather. My husband is also very dependent on me and would not know how to deal with this situation. We simply have to go back together, the three of us. Please help me. I am about to give up if I cannot get back with my children, but I will not separate from them again. This law is very absurd, separating mothers from their children and vice versa.

[SalishSea 17,663]

23 minutes ago, Talita Redmond said:

Yes, my husband is USC. I am waiting for the interview appointment at the consulate in Rio de Janeiro and my children are paying the fees. At first the lawyer said this to delay their NVC process, but then he said that this is not possible and that they would have to apply for a visa and now they would go to the US without me. The issue is that I will not separate from my children again because this is a huge trauma for both me and them, due to the years I spent in the US without them before, which caused me and my son to suffer a deep depression. In addition, they depend on me for everything. They do not speak English, which would be a very radical change for them to now go and live alone with their stepfather. My husband is also very dependent on me and would not know how to deal with this situation. We simply have to go back together, the three of us. Please help me. I am about to give up if I cannot get back with my children, but I will not separate from them again. This law is very absurd, separating mothers from their children and vice versa.

They are not “separating mothers from children.”

 

What is the reason for the waiver?   
 

 

[Talita Redmond 0]

When the pandemic hit in 2020, my visa expired and I couldn't leave the country or request a visa extension or do anything that would allow me to not be illegal.

[Talita Redmond 0]

I didn't say they are but I can't just send two children alone to live in the US even if it's with their stepfather. I just wish my timeline and my boys' timelines are on the same page so we can go home together. 😭😭😭😭😭😭

[Crazy Cat 41,473]

 

8 hours ago, Talita Redmond said:

Yes, my husband is USC. I am waiting for the interview appointment at the consulate in Rio de Janeiro and my children are paying the fees. At first the lawyer said this to delay their NVC process, but then he said that this is not possible and that they would have to apply for a visa and now they would go to the US without me. The issue is that I will not separate from my children again because this is a huge trauma for both me and them, due to the years I spent in the US without them before, which caused me and my son to suffer a deep depression. In addition, they depend on me for everything. They do not speak English, which would be a very radical change for them to now go and live alone with their stepfather. My husband is also very dependent on me and would not know how to deal with this situation. We simply have to go back together, the three of us. Please help me. I am about to give up if I cannot get back with my children, but I will not separate from them again. This law is very absurd, separating mothers from their children and vice versa.

It is possible to delay the children's visas at NVC indefinitely.  Contact them or just don't submit fees or documents at NVC for the children's cases.  That will hold them there.

Edited August 7 by Crazy Cat

[Boiler 45,168]

It would be cheaper to just delay their case, but it has happened before so the Consulate could just hold their cases with yours, you will need to redo the Medicals.

 

The children also overstayed?

[appleblossom 2,242]

Yes, as above, just delay the children's cases at NVC. I'm not sure why your lawyer thinks you can't do this.

 

Good luck. 

[milimelo 4,457]

3 hours ago, Boiler said:

It would be cheaper to just delay their case, but it has happened before so the Consulate could just hold their cases with yours, you will need to redo the Medicals.

 

The children also overstayed?

 

Sounds like she left the children in Brazil and was in the US and overstayed her visa then returned to Brazil.

[Talita Redmond 0]

No, the kids never being in us before in their hole life. They have a b2 visa also…

[Talita Redmond 0]

But wouldn't the deadline now be one year after the i130 is approved?

[Crazy Cat 41,473]

2 minutes ago, Talita Redmond said:

But wouldn't the deadline now be one year after the i130 is approved?

There is no deadline after I-130 is approved.  Cases can remain at NVC by contacting them once a year.  Just delay paying the fees or submitting documents.  

Edited August 7 by Crazy Cat

[Crazy Cat 41,473]

I just saw a case in which the applicant was able to hold a case at NVC for more than 4 years.

[Talita Redmond 0]

7 minutes ago, milimelo said:

 

Sounds like she left the children in Brazil and was in the US and overstayed her visa then returned to Brazil.

Exactly. During the pandemic, I couldn't go back to Brazil because everything just closed down, so I had to stay in the US. I had nothing to do since all the exits were closed, consulates and USCIS, so my visa expired and I stayed there. When I met my husband and got married, I filed for AOS, but then my case never went forward and my son got sick, so I simply left AOS and came to Brazil. When I got back, the lawyer said that my husband would have to do CR1, which became IR1 due to the time of marriage, and then he said that I also need waiver 601, but not my children since they have never set foot in America. I just want to never have to be separated from my boys again. This became a trauma, I still have social phobia because of it.