Oklahoma City, OK asked in Immigration Law for Texas

Q: I filed out an I-130 for my married son over 21. I received an email from NVC that does not have the wife.

I am a US Citizen and filed out an I-130 for my married son over 21. He has 2 kids. They live outside of the US. I was able to get expedited processing and approval for my I-130 on humanitarian grounds - I have a medical condition and do not have much time left. When i went to https://ceac.state.gov/IV/Login.aspx I typed in the invoice and case number and I see my son, his 2 kids. I DO NOT see his spouse. I thought when i filed out the I-130, his wife was part of the application? Seems like I should have included his wife's name in Person 3 - where my son is the primary beneficiary, Person 1 and Person 2 are each of his kids. The referenced website has an option to allow me to add the wife as part of the visa but what about the adjustment of status? What do I do now?

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1 Lawyer Answer
James L. Arrasmith
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A: If your son's spouse was not included in the original I-130 petition, you will need to file a separate I-130 petition for her. You can do this by filling out and submitting a new I-130 form, along with all necessary supporting documents and fees.

Once the new petition is approved, your son's spouse will be able to apply for an immigrant visa or adjust status to permanent resident status, depending on where she is located at the time of application.

It is important to note that processing times for new I-130 petitions can vary and may take several months or longer. You may want to consult with an experienced immigration attorney who can guide you through the process and help ensure that all necessary steps are taken to expedite the application and minimize delays.

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