Wife's Ex has given her custody of son now!!

[Zhen's Tiger]

My wife's ex-husband has custody of her son, but he has said now he will let her son come with her. I have already sent NVC the I-864, what should I do now to get this fixed? It does not affect the financial part of it, I am still over the %125 with the three of us, but I need to make these changes to the I-864 as when I sent them we were under the impression her son would not be coming with her and I filled it out with only her on it.

 

I'm calling NVC now, but was hoping someone had gone through something similar and could give me some idea of what to do next. Do you think it is as simple as an explanation and resending them the corrected forms, or will I need to repay the fee bill as well?

 

Thanks in advance for any help you can give!

 

Steve

[Yuanyang]

It sounds like you need to file a CR2 (another I-130). Once you receive the NOA1 for that application you have the option to file a K4. Another I-864 is needed for the son too.

 

Also you will need the Father's permission see http://candleforlove.com/forums/index.php?...st&p=250710 for a format that worked for us.

 

Calling DOS is a good idea regarding the existing I-864.

 

Good Luck!

[Zhen's Tiger]

It sounds like you need to file a CR2 (another I-130). Once you receive the NOA1 for that application you have the option to file a K4. Another I-864 is needed for the son too.

 

Also you will need the Father's permission see http://candleforlove.com/forums/index.php?...st&p=250710 for a format that worked for us.

 

Calling DOS is a good idea regarding the existing I-864.

 

Good Luck!

Thanks! Do I definately need to send in another I-130 (CR2)? Her son was listed on the original for his mother and every other document because they want him on there whether he's immigrating or not. I just did not include him on the I-864 (part 3., question 9a ~or~ Part 5., question 21d) as I did not think he was coming with my wife at the time. Everywhere else he is listed.

 

Thanks!!

[Yuanyang]

It sounds like you need to file a CR2 (another I-130). Once you receive the NOA1 for that application you have the option to file a K4. Another I-864 is needed for the son too.

 

Also you will need the Father's permission see http://candleforlove.com/forums/index.php?...st&p=250710 for a format that worked for us.

 

Calling DOS is a good idea regarding the existing I-864.

 

Good Luck!

Thanks! Do I definately need to send in another I-130 (CR2)? Her son was listed on the original for his mother and every other document because they want him on there whether he's immigrating or not. I just did not include him on the I-864 (part 3., question 9a ~or~ Part 5., question 21d) as I did not think he was coming with my wife at the time. Everywhere else he is listed.

 

Thanks!!

I hope things move quickly.

[LeeFisher3]

To be honest there is probably no way you can file an I-130 and have it catch up with the one for the CR-1 so you have 3 options:

 

1. File the I-130 for your son and let it run it's course, your wife's case has been in the system for 6 months, and if given a CR-1 interview postpone it until the son's catches up. not a wonderful thought for you

 

2. File the I-130 for your son and let it run it's course and do separate interviews about 6 months apart. not a wonderful thought for mom

 

3. Follow through with a k-3/4 visa and abandon the CR-1 to be able to get them both an interview at the same time. When P-3 arrives you need to send 2 - DS-230's and such.

PLEASE verify that this is the correct process for K-3/4 before abandoning anything. We did K-1/2 so I am not positive, but I believe this is correct. You would then need to do AOS after they arrived and abandon the fee's already paid, but they would both get here at the same time and probably sooner than the CR-1.

 

Good luck

[Zhen's Tiger]

To be honest there is probably no way you can file an I-130 and have it catch up with the one for the CR-1 so you have 3 options:

 

1. File the I-130 for your son and let it run it's course, your wife's case has been in the system for 6 months, and if given a CR-1 interview postpone it until the son's catches up. not a wonderful thought for you

 

2. File the I-130 for your son and let it run it's course and do separate interviews about 6 months apart. not a wonderful thought for mom

 

3. Follow through with a k-3/4 visa and abandon the CR-1 to be able to get them both an interview at the same time. When P-3 arrives you need to send 2 - DS-230's and such.

PLEASE verify that this is the correct process for K-3/4 before abandoning anything. We did K-1/2 so I am not positive, but I believe this is correct. You would then need to do AOS after they arrived and abandon the fee's already paid, but they would both get here at the same time and probably sooner than the CR-1.

 

Good luck

Thanks, Lee! This is exactly my thinking as well - #3. It was always a chance I would waste the 380 when I sent it. I think it's clear now I should drop the CR1. I will look into everything pertaining to K3/4 first though. This makes the most sense though as he's on all the K-3 docs and GUZ hasn't sent the P3 to her yet. Thanks again!

 

Steve