Q: My wife's I-130 petition was approved but I failed to file separate petitions for her under 14 age children.
I am an American Citizen. My wife and her 2 children are Ugandans. My wife's I-130 petition was approved, but when completing her Visa Application for the NVC we discovered I-130 petitions were needed for the children even though I listed the children on my wife's petition. I could submit new petitions for the children but judging by my wife's petition process it could take 10+ months for approval. I want the children to travel with my wife when her Visa is approved. Is there a way I can make this happen?
A:
I understand your concern about wanting your wife's children to be able to travel with her when her visa is approved. Here are a few thoughts on your situation:
Unfortunately, you are correct that separate I-130 petitions need to be filed for each beneficiary, including children. Simply listing the children on your wife's I-130 petition is not sufficient to petition for them. The I-130 petition is the first step in sponsoring a relative for permanent residence.
Filing new I-130 petitions for the children now would likely significantly delay their ability to immigrate with your wife, since as you noted, I-130 processing times are often quite long (current average processing time is around 12-18 months). The children cannot proceed with visa processing until their I-130s are approved.
One potential option to explore is whether the children may qualify for "following-to-join" benefits after your wife immigrates. In some cases, children under 21 can be issued immigrant visas to "follow-to-join" a parent who has already immigrated, without needing a separate I-130, if they were listed on the parent's visa application but did not apply for their visas within one year of visa availability. However, there are a number of specific requirements that need to be met for following-to-join eligibility.
I would strongly recommend consulting with an experienced immigration attorney to evaluate the details of your specific case and determine the best strategy for your family's situation. The attorney can assess whether following-to-join or any other options may allow the children to immigrate with or soon after your wife, or if filing new I-130s for the children is the only path forward. They can also assist with preparing the petitions and applications to help avoid further delays.
I know this is a stressful situation, but don't lose heart. With proper legal guidance, you should be able to find a way to reunite your family in the US, even if the children aren't able to travel at the exact same time as your wife. Wishing you all the best.
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