Federal Way, WA asked in Immigration Law for Washington

Q: What should I do in this complicated case?

I applied I130 for my wife since 11/18/2016 , when my daughter was born I added my daughter as a derivative to my wife on March 2018 and now the process in nvc for them is completed ,and they are waiting for interview at US embassy. I became aUS citizen on 10/23/2018 , as you told before that my daughter need to apply for her a new petition, she is just one year old,

What is about the period from the date of my daughters’application up to now ? she has to come with her mother and she cannot leave her in Jordan.

What do you suggest we can do?

Thanks

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1 Lawyer Answer
Lana Elliott
Lana Elliott
PREMIUM
Answered
  • Immigration Law Lawyer
  • Spokane Valley, WA
  • Licensed in Washington

A: Unfortunately, it is true that since you became a US citizen, a separate I-130 is needed to be filed for your daughter. You should:

1. Contact the National Visa Center and request to re-schedule your wife's interview.

2. File I-130 for your daughter ASAP.

3. After CIS accepts your daughter's I-130, call 800 number, CIS customer service, and request an expedited process of your daughter's I-130. However, I have doubts CIS will process is expeditiously because your situation, unfortunately, is not one of the grounds for expedited process (you can research those grounds on the CIS's web site).

4. As soon as your daughter's I-130 is approved and is transferred to NVC, pay the $445 bill ASAP, prepare DS-260 and I-864 forms and ask NVC to joint your wife's and your daughter's cases. They should schedule the Immigrant Visa interviews for both of them on the same date. I understand that it is not convenient for you, however, I do not see another option if you want both of them to come to the US at the same time.

Good luck!

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