I 130 for children Delay -Please clarify

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sunnicool6

Registered Users (C)
Hi
I am US Citizen and I just filed I130 for my son in 2nd week week of Feb2011 . And I noticed here many cases were approved for people who filed i130 and 485 together after my filing date . Why there is a delay if I just file I130. Please clarify.

Thanks in advance
 
I-130 approval for an under-21 child of a US citizen usually takes at least 3 months, and 5-6 months is more typical. Where are you seeing those "many cases" that are approved in 2 months or less?
 
sunnicool6 said:
Hi
I am US Citizen and I just filed I130 for my son in 2nd week week of Feb2011 . And I noticed here many cases were approved for people who filed i130 and 485 together after my filing date . Why there is a delay if I just file I130. Please clarify.

Thanks in advance
Click to expand...

You need to clarify.

How old is the son? WHERE is he? If in the U.S. why would you only file the I-130 without the I-485? Is he in the U.S. illegally? Is he an out-of-wedlock child? Were you a USC when he was born?

You need to provide full details to get any useful reply.
 
Hi
My son is in India. He is not in US. His age is 15 years now (under 21) I came here on H1 and then got naturalized. Yes my son is born out of wedlock . I submitted all the documents including DNA report.
Please clarify
 
If you filed the I-130 in February of this year, you're not experiencing a delay. 2-3 months is too soon to expect approval (it happens that fast for a small percentage of people, but that's not normal).
 
sunnicool6 said:
Hi
My son is in India. He is not in US. His age is 15 years now (under 21) I came here on H1 and then got naturalized. Yes my son is born out of wedlock . I submitted all the documents including DNA report.
Please clarify
Click to expand...

For Immigration Visa purposes for an out of wedlock child the father merely needs to prove a "bona fide parent-child relationship" that standard falls short of what is required for automatic acquisition of citizenship under INA 320. For him to gain USC upon entry on an Immigrant Visa prior to reaching the 18th birthday, he must fully qualify for it. He must meet the definition for a legitimated child and you must show the required physical and legal custody. In other words, don't assume that you have fulfilled "legitimation" requirements (do the legal research or hire a family law specialist) AND when he gets here don't send h\im to live with some other relative. You have time to get things in order, use it wisely. DO NOT WAIT, the legitimation must happen before he reaches 16.
 
Hi
Thanks Bigjoe5 /Jackolantern
The legitimation is done. I hired an Attorney to file this I30 and for the follow up process.I have notorised documents from Mother and Friends and Relatives and All his Educational certificates and Date of Birth Certificate have my name listed as his father and even the passport has my name as father. Supporting all his regular and educational financial needs. All these documents are submitted to USCIS .He is going to live with me here not with any other relatives.
Let me know if i need to check anything.
Thanks in Advance
 
The I-130 process is simple. The USCIS needs to collect DNA to prove paternity. The other route the 600K is more difficulty. I have two friends who petitioned their children under 18 who were born out of wedlock. the time it took them was 1 year. and that is the whole process. So be patient and don't worry...and by the way how were you able to submit DNA without approval. Normally, once you file I130, the uscis sends RFE if they are not satisfied with your initial petition......we will see if they accept your DNA or they request new one on their own...in each case, 5 months is the norm to get approval from the uscis.
 
Hi Faysal
Sorry for the late reply . I was on vacation.
Thanks for your response. I got the DNA Test done by myself for me and for my son in advance and kept it ready. Just in case if they ask I can submit immediately. I want my son to be with me . Cant wait.

Thanks
 
sunnicool6 said:
Hi Faysal
Sorry for the late reply . I was on vacation.
Thanks for your response. I got the DNA Test done by myself for me and for my son in advance and kept it ready. Just in case if they ask I can submit immediately. I want my son to be with me . Cant wait.

Thanks
Click to expand...

The DNA test is great for your satisfaction as to the truth of paternity BUT IF DNA were to be requested, USCIS and/or DOS would not accept the report you already had done. They would ask for the lab results to be sent directly to them OR in a sealed and secure envelope issued by the lab to you for submission by you. However, it is NOT within their authority to require DNA testing. They can only require a blood test and you can substitute a DNA test instead. DNA testing and blood tests are a last resort and not likely to begin with. If you have no particular "red flags" in your case then documentation alone is likely going to be sufficient. You say that you have not just acknowledged but also LEGITIMATED your son so, it will likely be an easy case to decide.
 
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