need advice with I-130

[neenuh 0]

hi

i need your opinion regarding our IR-1 situation

my husband and i initally intended to submit a K3/K4 petition. with this plan in mind, we never submitted an I-130 petition for my son. my husband submitted my I-130 petition in april and it was approved in september. unfortunately we are no longer able to use the K3/K4 since my I-130 is no longer pending, and we only found out about this the other day, when our K3 packet was mailed back to my husband.

(we couldn't submit the K3 until we had our NOA1 or money order copy, so by the time we got the NOA1 and submitted it with the K3, my I-130 was already processed and approved.)

anyway, i'd like to know:

1. how long can we delay my I-130 process at NVC so that my son's I-130 can catch up with mine? (we plan to submit my son's I-130 this month, which means we have to wait for another 4-5 months. USCIS-CR suggested to attach a note to expedite since mine was already approved.)

2. is it possible for my husband to stay here in manila with me while waiting for my son's I-130 approval? i understand my husband should be in california during this stage but can't the I-130 process continue while in manila? or is this only possbile if we file directly in manila embassy?

[end of atmosphere 0]

hi

i need your opinion regarding our IR-1 situation

my husband and i initally intended to submit a K3/K4 petition. with this plan in mind, we never submitted an I-130 petition for my son. my husband submitted my I-130 petition in april and it was approved in september. unfortunately we are no longer able to use the K3/K4 since my I-130 is no longer pending, and we only found out about this the other day, when our K3 packet was mailed back to my husband.

(we couldn't submit the K3 until we had our NOA1 or money order copy, so by the time we got the NOA1 and submitted it with the K3, my I-130 was already processed and approved.)

anyway, i'd like to know:

1. how long can we delay my I-130 process at NVC so that my son's I-130 can catch up with mine? (we plan to submit my son's I-130 this month, which means we have to wait for another 4-5 months. USCIS-CR suggested to attach a note to expedite since mine was already approved.)

2. is it possible for my husband to stay here in manila with me while waiting for my son's I-130 approval? i understand my husband should be in california during this stage but can't the I-130 process continue while in manila? or is this only possbile if we file directly in manila embassy?

hi

i need your opinion regarding our IR-1 situation

my husband and i initally intended to submit a K3/K4 petition. with this plan in mind, we never submitted an I-130 petition for my son. my husband submitted my I-130 petition in april and it was approved in september. unfortunately we are no longer able to use the K3/K4 since my I-130 is no longer pending, and we only found out about this the other day, when our K3 packet was mailed back to my husband.

(we couldn't submit the K3 until we had our NOA1 or money order copy, so by the time we got the NOA1 and submitted it with the K3, my I-130 was already processed and approved.)

anyway, i'd like to know:

1. how long can we delay my I-130 process at NVC so that my son's I-130 can catch up with mine? (we plan to submit my son's I-130 this month, which means we have to wait for another 4-5 months. USCIS-CR suggested to attach a note to expedite since mine was already approved.)

2. is it possible for my husband to stay here in manila with me while waiting for my son's I-130 approval? i understand my husband should be in california during this stage but can't the I-130 process continue while in manila? or is this only possbile if we file directly in manila embassy?

[end of atmosphere 0]

I would follow the instructions the USCIS-CR said. Fill out the application for your son and write a letter stating:

Dear Sir or madam,

We did not realize a seperate application was needed for our son until now. My wife's application has already been processed and approved. We would greatly appreciate your help to expidite our son's application so that he and his mother could travel together when coming to the US.

Sincerely.

petitioner name

benificiary name

(your case #)

Also, I believe that your wife will have 6 months to use her visa to come to US. So she may have to wait a little longer while the NVC processed the son's application.

[edp333 9]

2. is it possible for my husband to stay here in manila with me while waiting for my son's I-130 approval? i understand my husband should be in california during this stage but can't the I-130 process continue while in manila? or is this only possbile if we file directly in manila embassy?

Yes, many couples on VJ have filed from out of the country while staying with there spouse. The only drawback I have read is the extra time it takes for the mail to be forwarded overseas. Good luck.

[neenuh 0]

Yes, many couples on VJ have filed from out of the country while staying with there spouse. The only drawback I have read is the extra time it takes for the mail to be forwarded overseas. Good luck.

i have been looking for posts regarding this, but to no avail

so it is possible?

we don't mind the delays, so long as we're together...

[pushbrk 13,250]

Yes, many couples on VJ have filed from out of the country while staying with there spouse. The only drawback I have read is the extra time it takes for the mail to be forwarded overseas. Good luck.

i have been looking for posts regarding this, but to no avail

so it is possible?

we don't mind the delays, so long as we're together...

Your USC husband can probably explain to you that the US Government doesn't track its citizens whereabouts at every moment. As long as somebody can retreive his mail from home and forward anything from USCIS to him, he an stay and respond from anywhere. On caution though is that he still needs to qualify as a sponsor. For some, an extended stay abroad could have significant impact on their qualifications as a sponsor, so he'll want to carefully determine how his finances may be impacted. If he's retired or otherwise financially independant, no problem.