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DV lottery - package that should be received via post after GC activation?

abumiqdad said:
1. She has not entered the USA after leaving the USA (when she was 2-3 years old i think).
2. The child is less than 2 years BUT he was born BEFORE i got my DV (born after i submitted my DS 260 just before the interview. The Consular has been made aware of his birth).

As i have explained in my previous threads, i was faced with the option to either add him and risk of going past Sept cutoff date OR proceed with my DV application but he is excluded.

I tried applying tourist visa for him but got denied at the local consular. So the only route left is I 130 i believe (which is what i am doing now).
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It's obvious why the child would have been denied a tourist visa - there is very clear and obvious immigrant intent. Did you ask any of the consular officers about other routes for the child to get his green card before you applied for the NIV?

Don't you have to be living in the US to file an I130? It sounds to me like the poster is currently still outside the US.
 
SusieQQQ said:
It's obvious why the child would have been denied a tourist visa - there is very clear and obvious immigrant intent. Did you ask any of the consular officers about other routes for the child to get his green card before you applied for the NIV?

Don't you have to be living in the US to file an I130? It sounds to me like the poster is currently still outside the US.
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Yes, it got denied on that ground. The officer at that time while denying the NIV did not say what other ways i could bring my baby into the USA.

A Consular case worker that my wife often contact (well she emails the local consular and the same case worker seemed to be handling her issues) did not respond to her queries regarding that second child.

Must one be living in the USA to file I 130? You mean having US presence?
 
i am not able to migrate to the USA until i resolve this issue with the 2nd child's visa. I, and my eldest however, will go back to the USA soon to resolve other issues. And hopefully once my 2nd child gets his IV, our family can move to the USA.
 
abumiqdad said:
Yes, it got denied on that ground. The officer at that time while denying the NIV did not say what other ways i could bring my baby into the USA.

A Consular case worker that my wife often contact (well she emails the local consular and the same case worker seemed to be handling her issues) did not respond to her queries regarding that second child.

Must one be living in the USA to file I 130? You mean having US presence?
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You keep saying the officers did not inform you while you were at the interview, but did you ask them? Their "job" is to deal with what you are presenting them, not to volunteer any and all information they think might possibly be relevant to you.

So this case worker that your wife emailed answers all her questions but not anything about this child? Did she follow up in case one email got overlooked, as sometimes happens?

I'm not an expert on I130 but my understanding is that unless you are a citizen you have to be in the US to file it. You already said your wife can't do it so I'm presuming it's you as an LPR that is the petitioner? But in any case as mom has suggested it sounds like you need legal advice. You can try on a free advice site like avvo.com or you can try save money by not asking anyone, but as you already learnt with the wasted money on the NIV visa, it can sometimes be more expensive in the long run trying to save money in the short run.
 
abumiqdad said:
i am not able to migrate to the USA until i resolve this issue with the 2nd child's visa. I, and my eldest however, will go back to the USA soon to resolve other issues. And hopefully once my 2nd child gets his IV, our family can move to the USA.
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You really need to talk to an attorney, what you are actually saying even though you don't realize it, is that you are risking losing your green card because you can't figure out how to proceed. You are both saying that you will be residing outside the US here, and then you will be "proving" that fact to the US authorities by filing a I130 from outside...do you understand that a green card can be considered abandoned if you are deemed to be resident outside the US?
 
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SusieQQQ said:
You really need to talk to an attorney, what you are actually saying even though you don't realize it, is that you are risking losing your green card because you can't figure out how to proceed.
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Going to the USA soon is partly to resolve the issue of having to stay abroad (applying for Re-entry permit). So i am leaving myself enough time to get the visa issue sorted while i am abroad.
 
abumiqdad said:
Going to the USA soon is partly to resolve the issue of having to stay abroad (applying for Re-entry permit). So i am leaving myself enough time to get the visa issue sorted while i am abroad.
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For someone who claims to be short on cash you are spending an awful lot flying back and forth when you don't seem to have a clear goal in mind of whether it will even work. So you get a reentry permit and then you find out you can't file an I130 from abroad as an LPR, also the final step in sponsoring a relative is to fill in an I864. You need income and assets in the US for that. ...then you will moan about more wasted money on flights and filing fees when your plan doesn't work?? Talk to a lawyer. This isn't something we often advise here but you clearly need it. Spend your money wisely.
 
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SusieQQQ said:
You keep saying the officers did not inform you while you were at the interview, but did you ask them? Their "job" is to deal with what you are presenting them, not to volunteer any and all information they think might possibly be relevant to you.

So this case worker that your wife emailed answers all her questions but not anything about this child? Did she follow up in case one email got overlooked, as sometimes happens?

I'm not an expert on I130 but my understanding is that unless you are a citizen you have to be in the US to file it. You already said your wife can't do it so I'm presuming it's you as an LPR that is the petitioner? But in any case as mom has suggested it sounds like you need legal advice. You can try on a free advice site like avvo.com or you can try save money by not asking anyone, but as you already learnt with the wasted money on the NIV visa, it can sometimes be more expensive in the long run trying to save money in the short run.
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I believe at the consular i did ask the officer about how to bring my baby into the USA (after being told the NIV got denied) but she was so focused on the the NIV being denied (and me making my case about the trip was just to activate the GC and not staying in the USA) - maybe she did not hear me or my questions in the midst of that i suppose.

My wife is petitioning for him as it will be faster (immediate visa allocation instead of having to wait 1-2 years if LPR like me is petitioning). i'll check my wife's email archive , maybe the case worker said something. My wife just cant travel to the USA to go with the LRP at PoE route (work commitment and other stuff). But she can petition for our 2nd child - no issues on that.

Well i still have to make the trip to the USA regardless to maintain my GC. and Re-entry permit is a must in my situation.

Alright i will try that avvo site and see what it might offer me. My googling skill might have been very rusty, had not encountered that site before this while googling for immigration lawyers.
 
Yeah this is all well beyond DV anyway. (For example I don't see how your wife can petition for him after you said she's lost the right to pass on citizenship.. and you said the case worker didn't answer her about it but you seem convinced anyway of what she can do,,,.but that's far from DV. Doesn't change the fact that she presumably won't be able to successfully fill in an I864 if you try this route.) You do need to be moving out of the DV forum to forums that deal with family sponsorship.
 
initial question was about the DV package though :D

Regarding I 864, she only needs to file "I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support"

https://travel.state.gov/content/vi...ments/Step_4_Collect_Financial_Documents.html

"You are a U.S. citizen and you are sponsoring a natural or adopted child, other than a stepchild, who is under 18 years old."
"You are sponsoring a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA)."
 
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SusieQQQ said:
There is a saying in my country, which translates as "cheap becomes expensive".
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can't disagree with that. Actually my intention was not to save money, but i had never seriously thought of moving to the USA even after my GC activation trip, hence i did things haphazardly - which i know is costing me a lot of money and time as what can be seen in my posts so far. Have already come to terms with it. :)
 
abumiqdad said:
initial question was about the DV package though :D

Regarding I 864, she only needs to file "I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support"

https://travel.state.gov/content/vi...ments/Step_4_Collect_Financial_Documents.html

"You are a U.S. citizen and you are sponsoring a natural or adopted child, other than a stepchild, who is under 18 years old."
"You are sponsoring a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA)."
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Actually, your initial question was totally generic to anyone arriving on any US immigrant visa, even if you didn't realize it.

The rest of the above really has nothing to do with anything specific to this forum and I'm not responding any further to any of it.
 
SusieQQQ said:
Actually, your initial question was totally generic to anyone arriving on any US immigrant visa, even if you didn't realize it.
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ah okay, yeah i am not aware of this. my experience was only on DV hence i asked here, and am not sure of other type if IV.

Well anyway, thank you for sharing your thoughts.
 
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