Q: My US citizen husband file form I130 for me as his wife however, we didn’t include our 1yo son to the form I130
because we thought that there’s no need for that as he will fall under derivatives but unfortunately, upon our researching since my husband is a US citizen he should file form I130 separately for me and our son however, my case already reached NVC and i was already Documentarily qualified. We tried to upload my son’s civil documents on ceac account hoping that they will considered my son and they approved it but they did not open visa fees for my son and the ‘add applicant’ tab on my ceac account is still not accessible but they approved my son’s birth certificate, passport and photo, does it mean that we dont need to file form I130 for my son and restart again the whole process?
A:
In your situation, it's important to understand the specific immigration procedures for family members of U.S. citizens. Normally, a separate Form I-130 is required for each family member immigrating to the U.S., including children. This means that your husband, as a U.S. citizen, should typically file a separate I-130 petition for your son.
The fact that the National Visa Center (NVC) accepted the documents for your son is a positive sign, but it does not necessarily mean that a separate I-130 is not required. The approval of documents does not equate to the acceptance of a visa application.
Since the 'add applicant' tab is not accessible and the visa fee for your son has not been opened, it suggests that the NVC may still be expecting a separate I-130 petition for your son. To clarify this situation and ensure that you are following the correct procedure, it would be advisable to contact the NVC directly. You can explain the situation and seek their guidance on whether a separate I-130 for your son is necessary at this stage.
Additionally, considering the complexity of immigration procedures, it might be beneficial to consult with an immigration attorney. They can provide detailed advice based on the latest immigration laws and policies, helping to avoid any potential delays or complications in your family's immigration process.
A:
More information is needed. It is unclear whether your son qualifies as a derivative citizen. Likely, action should have been taken sooner.
I strongly recommend an appointment or zoom meeting with a competent and experience attorney, so that you can discuss this matter and how your family can move forward. Otherwise, there can be complications.
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