I-130 aprroved!

[jimandjosil 0]

Hello everyone!

Our I-I30 petition just got approved today after 91 days and we are expecting the NOA2 in snail mail next week. However our I-129F that we sent last July 26, 2007 is still floating. Check has not been cashed nor any NOA1 yet. It seems to us that maybe the I-130 petition is getting way ahead the K3 visa (which is supposed to be faster). Question is, I have a 3 year old daughter from my past relationship, does she get derivative status like the K3 visa (K4)? And if and when I get interviewed for the CR1 visa and get approved...can I bring her with me with just a diff status maybe? or not possible? Any help, insight or suggestion is greatly appreciated. Or anyone going through or have gone through the same predicament what can be done? Thanks.

Josil

[Sand 5]

Congratulations!

[Credzba 0]

There is no derived status on the i-130, so you have to file for your daughter seperately.

With the K3 you will have to file for adjustment of status for each of you when you come to america, with the I-130 you do not have to do the AOS.

Seems like filing the i-130 for your daughter now would be a reasonable step.

It comes down to finances though. Not finances for the visa, but other life expenses.

With your I-130 approved visa you can wait up to 6 months to enter America.

If you are like my wife and I though, you wont want to wait in your country, but you can not leave your daughter behind.

So, you will end up flying to america for visits while waiting on your daughters I-130 in the Phillipines.

The total cost of getting 2 I-130s is less than the cost of the K3 plus 2 AOS's, but because of the delay in travel time you will probably spend more money (on air fare) while waiting on your daughters I-130.

So, it really is a decision of what do you want to do?

1) Get your I-130, but have to spend the time in the Phillipines anyway to be with your daughter whle her I-130 is processed (but with the option to visit your husband in america anytime you want to).

2) Wait longer than your I-130 but probably less time than your daughters I-130 on the K3, then both you and your daughter come to america at the same time. (in this case you have to wait on the K3 and can not visit america).

If it was me, I'd go ahead and file for the I-130 for the daughter. The $1000 would not bother me, and it would allow my wife to come visit me while waiting on her daughters I-130.

Then if for some reason the K3 caught up in the process you can do both.

Take the K3 and get the visa, and STILL fly back to phillipines for the I-130 interview to get the green card.

Again, more air travel cost, but lots more options in the final decision.

[jimandjosil 0]

Congratulations!

Thanks for your reply. So, we can go ahead with the petition for my daughter? She's not my husband's daughter and he's the petitioner. Is that possible? Since he's not related to her by blood? Also, if and when we petition her for I-130, can we speed up the process since she's supposed to be on a derivative status in K3 visa and shes just 3 years old so, after my approval (just being positive about it) she can fly with me?

Now that we have been approved what's the estimated timeline for the remaining process until the interview date? I see some cases here and it ranges from 4-6 months on the NVC part. I hope K visa processing catches up since it's hard to leave a very young child behind. It's unthinkable.

This is a crossroad when certain decisions need to be made since every single day wasted would constitute a month of visa delay (more or less). And we also need to consider expenses for both petitions and fly ins and fly outs.

I am not really well versed about the conditions and rules of USCIS, I sometimes don't even know what questions to ask that will make me arrive to a clear understanding of the polarities and monochromatic shades of K and CR1 visas.

I still can't fathom why K visa has derivative status as opposed to I-130 which is more family oriented. Huh! Insights are greatly appreciated

Thanks.