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Posted

I have applied for my son's I-130 back in April 24 after he was born in Feb, me and his mother had to come to the US before my wife's visa expires. Since we left I lost my mother which was the person caring for him, and he's now staying with relatives. Is there a way to speed up the process for his application because on the website it's showing 9 months. he doesn't qualify for the crb, and tried to ask the local embassy to assist before we left but they couldn't. 

Posted
9 minutes ago, Speedy troy said:

I have applied for my son's I-130 back in April 24 after he was born in Feb, me and his mother had to come to the US before my wife's visa expires. Since we left I lost my mother which was the person caring for him, and he's now staying with relatives. Is there a way to speed up the process for his application because on the website it's showing 9 months. he doesn't qualify for the crb, and tried to ask the local embassy to assist before we left but they couldn't. 

Send your wife back to care for your infant child.

Will be generous here and assume she did not leave a 2 month old behind…but even factoring that in, I doubt she has accrued more than 180 days past her I-94 expiration…so her consular process can be timed parallel to your child.

Posted
18 minutes ago, Speedy troy said:

I have applied for my son's I-130 back in April 24 after he was born in Feb, me and his mother had to come to the US before my wife's visa expires. Since we left I lost my mother which was the person caring for him, and he's now staying with relatives. Is there a way to speed up the process for his application because on the website it's showing 9 months. he doesn't qualify for the crb, and tried to ask the local embassy to assist before we left but they couldn't. 

Bear in mind, whatever estimate in MyProgress you see is inaccurate.

 

I-130 take 15 months on average nowadays (prior to change in administration).

 

But I-130 is only half of the process. Then there is wait for visa appointment and after appointment to get visa issued. So overall, it takes about 2 years after filing I-130 to get immigrant into the US.

Posted
30 minutes ago, Family said:

Send your wife back to care for your infant child.

Will be generous here and assume she did not leave a 2 month old behind…but even factoring that in, I doubt she has accrued more than 180 days past her I-94 expiration…so her consular process can be timed parallel to your child.


We only came to the US a couple of months back so he was older than 2 months, and the processing time was going down relatively until it showed 3 weeks then in the last two days it went all the way up to 9 months. She has received her GC and work permit and found a job already. 

Filed: K-1 Visa Country: Wales
Timeline
Posted

I thought she has a 10 year GC?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)
34 minutes ago, OldUser said:

Bear in mind, whatever estimate in MyProgress you see is inaccurate.

 

I-130 take 15 months on average nowadays (prior to change in administration).

 

But I-130 is only half of the process. Then there is wait for visa appointment and after appointment to get visa issued. So overall, it takes about 2 years after filing I-130 to get immigrant into the US.

We already waited the 2 years for his mother's application but he was born 2 months after her visa issuance so we couldn't add him to her application. 

Edited by Speedy troy
Filed: Citizen (apr) Country: Russia
Timeline
Posted

You can always request an expedite.

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Posted
7 hours ago, Speedy troy said:

We already waited the 2 years for his mother's application but he was born 2 months after her visa issuance so we couldn't add him to her application. 


Too late for you now but just for the sake of anybody else reading in the future it would have been a much better idea for your wife to have slowed down her own application so that your sons could catch up and they could have moved together. 
 

As @Dashinka said you can request an expedite, worth a try.  
 

Just ignore the utterly useless ‘My Progress’ thing, it’s inaccurate. If you only applied in April 2024 then his I-130 should be approved around July 2025 (unless the new administration causes longer processing times). Then the next step will depend on the consulate and how long the wait for an interview is, but you can ask again for an expedite when he’s at the NVC stage. 
 

Good luck. 

Posted
7 hours ago, Speedy troy said:


We only came to the US a couple of months back so he was older than 2 months, and the processing time was going down relatively until it showed 3 weeks then in the last two days it went all the way up to 9 months. She has received her GC and work permit and found a job already. 

The Consulate could have helped you and allowed child to travel. ..you got “hosed’”. ..but looks like it would have required you to put up a fight and plenty of back and forth .

 

What country? 
 

Now your options are limited to waging battle for expedited processing on three fronts , throughout the process: USCIS, NVC and Consulate . 
‘The death of your mom ( care giver of vulnerable infant) is a qualifying event and certainly a hardship to you, the USC. 
But you can’t give up on 1st pushback, if expedite is denied, you appeal and then keep trying.

 

For the sake of your baby’s wellbeing, immediately file an I-131 rentry permit for your wife, have her do biometrics or get notice they are waived and send her to home country to wait w baby. 
 

You keep fighting for expedite and contact your Congressman for help. 
 

It was not clear in original post if wife ‘s visa was an immigrant visa . ..glad you clarified. She will find another job when she returns, do the right thing for your child.

 


https://uk.usembassy.gov/visas/after-the-interview/child-born-after-visa-issuance/
Child Born After Visa Issuance

 

If your child is born after the issuance of your immigrant visa s/he will not need a visa to accompany you provided you both travel within the period of validity of your visa.  You are required to carry a copy of your child’s long-form birth certificate for presentation to an immigration officer at the port of entry, together with a valid travel document for the child

 

https://www.uscis.gov/forms/filing-guidance/expedite-requests

Filed: Citizen (apr) Country: Russia
Timeline
Posted
49 minutes ago, appleblossom said:


Too late for you now but just for the sake of anybody else reading in the future it would have been a much better idea for your wife to have slowed down her own application so that your sons could catch up and they could have moved together. 
 

As @Dashinka said you can request an expedite, worth a try.  
 

Just ignore the utterly useless ‘My Progress’ thing, it’s inaccurate. If you only applied in April 2024 then his I-130 should be approved around July 2025 (unless the new administration causes longer processing times). Then the next step will depend on the consulate and how long the wait for an interview is, but you can ask again for an expedite when he’s at the NVC stage. 
 

Good luck. 

This was also a potential option that I believe has now passed.

 

b. Waiver for Certain Children Not Required to Obtain Visas:  

(1)  Child Born After the Issuance of Parent's Visa:  A child born after the issuance of a visa to an accompanying parent who will arrive in the United States with the parent and apply for admission during the period of validity of the visa issued to the parent is not required to obtain an immigrant visa.

 

https://fam.state.gov/FAM/09FAM/09FAM020102.html

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Posted
1 hour ago, appleblossom said:


Too late for you now but just for the sake of anybody else reading in the future it would have been a much better idea for your wife to have slowed down her own application so that your sons could catch up and they could have moved together. 
 

As @Dashinka said you can request an expedite, worth a try.  
 

Just ignore the utterly useless ‘My Progress’ thing, it’s inaccurate. If you only applied in April 2024 then his I-130 should be approved around July 2025 (unless the new administration causes longer processing times). Then the next step will depend on the consulate and how long the wait for an interview is, but you can ask again for an expedite when he’s at the NVC stage. 
 

Good luck. 

There was no way to slow down the process, all what was left is the interview and he was born little over a month before it. During that month, I have called the embassy what it felt like a 100 times asking for consideration and pleading my case but I was always getting the same answer and the consulate wouldn't even pass me a US employee, it was always a local employee. 

Posted
Just now, Speedy troy said:

There was no way to slow down the process, all what was left is the interview and he was born little over a month before it. During that month, I have called the embassy what it felt like a 100 times asking for consideration and pleading my case but I was always getting the same answer and the consulate wouldn't even pass me a US employee, it was always a local employee. 

 

There was, but it's water under the bridge now.

 

The embassy doesn't have anything to do with your son's case yet, it's still at USCIS, so it's them you need to contact to ask for an expedite now. 

 

Good luck.

Filed: K-1 Visa Country: Wales
Timeline
Posted

So the child was born before the interview.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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