Filing I-130 for my wife and 2 month old baby

[dnoblett]

I contacted my senator's office for help. They checked the status and got the reply from USCIS that the case is at NBC and NBC is holding the case before they send to the local field office.

 

I think they are mistakenly think that my wife and daughter are in USA and waiting to send the case to local field office for the I-485 adjustment. How can I correct this?

No, that is standard procedure, they have been shifting some work load to the field offices, sometimes calling the petitioner in to ask some questions.

 

I-130 can take upward to 6 months to process.

 

Two months is quite early.

 

http://www.visajourney.com/content/ir1cr1historical

 

http://www.visajourney.com/timeline/k1list.php?cfl=0&op1=i&op2=d&op3=5&op4=1&op5=5,6,8,10,11,13,14,15,16,17,18,20,21,22,25,26,27,28,108,110,111,208,210,211&op6=All&op7=China&dfile=No&adv= (These seem to be all over the map)

[billyc]

I see most recent cases for China via the National Benefit Center are around two months to reach the I130 NOA2:

 

http://www.visajourney.com/timeline/k1list.php?cfl=1&op1=9&op2=d&op3=5&op4=1&op5=5,6,8,10,11,13,14,15,16,17,18,20,21,22,25,26,27,28,108,110,111,208,210,211&op6=All&op7=China&dfile=No&adv=1

 

I was hoping our cases will be in similar pace.

 

I guess I just have to wait then.

 

Would it be helpful to go through the infopass for an appointment at the local field office for the case status? Will they be able to provide more detailed information regarding our cases than calling the customer service? I called, no help.

[dnoblett]

Best to call USCIS at 1-800-375-5283 and ask about case status. They will tell you at least the processing date, and to wait until at least 30 days past that date to get them to investigate this.

 

Need to have patience in this.

[dnoblett]

I split this at the approval point, topic is more about the NVC - Interview stage.

 

SEE: http://candleforlove.com/forums/topic/46599-i-130-is-finally-approved-after-10-months/

[billyc]

I finally got the NVC case numbers for both my wife and daughter. Paid the AOS fee. I am working on their I-864 and I-864W.

 

One question regarding the I-864W. My daughter meets the requirement of automatically become US citizen upon the entry. Does this mean that she will not be given a conditional green card upon entering the US? If she still receives the green card, can we apply the US citizenship later (before her 18's birthday) and continue to use her Chinese passport for traveling ?

[billyc]

Do I filed one I-864 and one I-864W or just file one I-864 and include my daughter in part 3?

 

Please advise!

 

Thanks!

[Randy W]

I finally got the NVC case numbers for both my wife and daughter. Paid the AOS fee. I am working on their I-864 and I-864W.

 

One question regarding the I-864W. My daughter meets the requirement of automatically become US citizen upon the entry. Does this mean that she will not be given a conditional green card upon entering the US? If she still receives the green card, can we apply the US citizenship later (before her 18's birthday) and continue to use her Chinese passport for traveling ?

 

U.S. citizens do not need a green card. If they have one, it is voided by the naturalization process.

 

If you want her to travel on her Chinese passport, she will need a visa to be allowed to exit China. That may be problematic.

 

I would recommend that you include the I-864W, as it is an entirely different document.

[billyc]

Randy,

 

Thanks for the reply. I understand a US citizen does not need a green card.

 

My daughter currently is a Chinese citizen, because when she was born, I was not an US citizen yet.

 

My previous understanding for my daughter's situation was that she will be given a green card upon the entry and we can file the N-600 anytime before her 18th birthday through naturalization to become a US citizen, Forgive my ignorance, looks like it is not as I thought?

 

My questions are:

1. If I file the I-864W for her, does this mean when my daughter enter the US, she will not be given a green card?

2. We would like to have her maintain the Chinese citizenship and passport simply for convenience of traveling back and forth between China and US. We will file for her naturalization later before her 18th birthday. Is this possible? If it is possible, how?

 

Thank you for your time and help!

 

Bill

[dnoblett]

The I-864W only means you are waived from the repayment of means tested support requirements in your daughter's case, however I have no idea if filing it would cause green-card to be not issued, your's is a rare case on this board.

 

Filing I-864W is also a way of indicating child is a US Citizen upon arrival so who knows, If you were to file an I-864 listing both mother and daughter as immigrants (Part 3 #1 list child and Part 5 #1 (2) and nothing for #4 unless you already have other dependent children) then you may be indicating that Child will be given choice to claim US Citizenship later and to be treated as a resident alien, green-card holder.

 

If you intend on citizenship upon entry to the USA then file an I-864W for child and I-864 for mother I-864 will have Part 5 #1 as (1) and #4 as (1) or total dependent children including daughter)

[billyc]

Hi, Everyone,

 

We are preparing for next week's interview. One question regarding the DS-260. We have submitted the DS-260 online. All we need for the interview regarding DS260 is the DS-260 confirmation letter. WE will not need to print out the DS-260 and bring it with us?

 

Thanks in advance!

[Randy W]

Hi, Everyone,

 

We are preparing for next week's interview. One question regarding the DS-260. We have submitted the DS-260 online. All we need for the interview regarding DS260 is the DS-260 confirmation letter. WE will not need to print out the DS-260 and bring it with us?

 

Thanks in advance!

 

Correct