CR1 Help please

[myjamwifey 2]

Hi,

On Jun 1, 2009 my petition I 130 was sent to CIS (USCIS) and it was approved on September 16, 2009. When I filed the petition in june 09, I sent the child's photos, birthcert, spouse's marriage cert,bcert, photos, my photos and birthcert, but the CIS didnt write me concerning the child information. It was approved and forwarded to nvc. Now NVC says that I need a visa for the child to come to USA. The thing is that CIS approved my petition, AOS I184 showing the spouse, the child and myself as the three dependents for household size. However, NVC does its own AOS and rechecks the visa where I had to make changes to the AOS petition showing 2 dependents, not 3 that I put for CIS filings that was approved with no hassle. In addition I included the child on the DS 230 part 1 that says list all children and I had to change the part that says list all that is traveling with spouse to USA, to show N/A for guestions 29 and 30. My questions are do the four year child qualifies as a derivative status? Does NVC sends the approved Petition with all original docs to consular office? Does the child has the same status as my CR1 spouse to get a K4 visa? I will apply for the child's visa in jamaica and i hope to set it around the interview date.

By the way my case was completed with NVC Janauary 7, 2009.

[myjamwifey 2]

Hi,

On Jun 1, 2009 my petition I 130 was sent to CIS (USCIS) and it was approved on September 16, 2009. When I filed the petition in june 09, I sent the child's photos, birthcert, spouse's marriage cert,bcert, photos, my photos and birthcert, but the CIS didnt write me concerning the child information. It was approved and forwarded to nvc. Now NVC says that I need a visa for the child to come to USA. The thing is that CIS approved my petition, AOS I184 showing the spouse, the child and myself as the three dependents for household size. However, NVC does its own AOS and rechecks the visa where I had to make changes to the AOS petition showing 2 dependents, not 3 that I put for CIS filings that was approved with no hassle. In addition I included the child on the DS 230 part 1 that says list all children and I had to change the part that says list all that is traveling with spouse to USA, to show N/A for guestions 29 and 30. My questions are do the four year child qualifies as a derivative status? Does NVC sends the approved Petition with all original docs to consular office? Does the child has the same status as my CR1 spouse to get a K4 visa? I will apply for the child's visa in jamaica and i hope to set it around the interview date.

By the way my case was completed with NVC Janauary 7, 2009.

Sorry, the case was completed jan 7, 2010

[Darnell 8,478]

The US Citizen would file an I-130 for the spouse, and

another I-130 for the spouse's child.

IF is more than one child, then is as many I-130's as there are children.

There can be no 'derivative status' on the mother's I-130, unless another I-130 is filed for the child, at time of filing the original I-130.

There are derivations, sure. For example, the I-130 for the child can be filed now.

I guess I'm confused - you did DCF'd I-130 to the Embassy in Jamaica? If so, that office should have told you all about 'what to do' in reqards to The Children.

AOS I184 ? what is that? do you mean I-864? has nothing to do with child's petition, only size of household.

FWIW, NVC is the only entity that accepts the AOS , so concept them them doing 'their own' AOS seems a specious comment, I think so.

Edited January 11, 2010 by Darnell

[sdw 10]

CR visas do not have derivative visas. The child needs there own I130 submitted.

[Darnell 8,478]

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A K-4 visa is for for a dependant child of a K-3 visa holder.

I not read in your post where the USC is applying for a K-3 visa for a foreign spouse.

[myjamwifey 2]

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A K-4 visa is for for a dependant child of a K-3 visa holder.

I not read in your post where the USC is applying for a K-3 visa for a foreign spouse.

Thanks,

It is my understanding that NVC is a separate entity from USCIS. Both require AOS (affidavit of support). NVC seems a little harsher sometimes.

[Darnell 8,478]

Thanks,

It is my understanding that NVC is a separate entity from USCIS. Both require AOS (affidavit of support). NVC seems a little harsher sometimes.

There is no Affadavit of Support for USCIS.

If a USC included one on initial petition submittal, well, sorry , that was the wrong thing to do.

For an I-130 - CR-1/CR-2, IR-1/IR-2, IR-5 -

THE USC submits an I-864 during NVC processing.

There is no 'little harsher' about it - IT IS the thing to do, at the proper time.

Is there any chance that the USC might be confused, a bit ? I start to wonder, when mentioning USCIS and NVC in a DCF forum.

Edited January 11, 2010 by Darnell

[elmcitymaven 9,712]

Moving to IR1/CR1 forum as OP is not filing DCF (I assume, due to references to NVC).

[Darnell 8,478]

I guess if you were trying to 'recover' from all this - then you can file another I-130 for the child.

You'll need to include the USCIS case number and NVC case number on the new I-130.

You can get some speed , sometimes, by asking for the I-130 to be expedited, in that cover letter that you are writing.

Alternatively, once the casefile is opened at the Embassy, you can request the interview date to be postponed UNTIL the I-130 on the child (which you need to file soonish) arrives at the Embassy.

Good Luck !

[Darnell 8,478]

any news? whats the status on the child(ren) ?

[pushbrk 12,569]

There is no Affadavit of Support for USCIS.

If a USC included one on initial petition submittal, well, sorry , that was the wrong thing to do.

For an I-130 - CR-1/CR-2, IR-1/IR-2, IR-5 -

THE USC submits an I-864 during NVC processing.

There is no 'little harsher' about it - IT IS the thing to do, at the proper time.

Is there any chance that the USC might be confused, a bit ? I start to wonder, when mentioning USCIS and NVC in a DCF forum.

The I-864 is definitely a USCIS immigration form and yes USCIS uses the affidavit of support. However, in a visa case, USCIS doesn't process the I-864. NVC does that. USCIS processes the affidavit in adjustment of status cases.

If no I-130 was filed for the child, it needs to be filed.

Edited January 19, 2010 by pushbrk

[Darnell 8,478]

hey push - sorry. of course yer right, but i was focusing solely on 'his case' , which is an I-130, filed via lockbox, adjudicated at an embassy.

What I am hoping, is that he did not include the I-864 on initial I-130 submittal.

Oh well, who knows.. He's got another I-130 to file for the child, if/when things move along.

Happy Tuesday !