Petition i-130 filed online and current status is about to expire

Montaval said:
So my sister can still submit forms I485 and see how it goes (while he is still here) is what you are saying giving the timing - and I understand this is your personal advice. thank you
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Not at this stage, no.
SusieQQQ said:
So he’s an overstay for over 10 months already? No, family preference categories cannot adjust status if they have gone out of status. If he was F2A she should have filed i485 concurrently but too late for that now. How old is the son? (If over 18 he already faces a 3 year ban on leaving the US, and that will stretch to a 10 year ban if he overstays for 12 months)
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Please re-rad what I said here.

SusieQQQ said:
Given the timing etc, my personal advice to you would be to submit forms and documents to NVC as soon as possible to try get an interview date moving. I personally don’t see the point in taking the risk of him being being illegal for 3 years and possibly not even being able to adjust at the end of it anyway, when you could potentially have him interviewing for an immigrant visa in a few months if he goes home. If you have contrary to my assumption actually already done everything NVC asked then his case is almost certainly already ready for interview scheduling.
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This is to get an interview for a visa at the consulate in his home country.
 
If I need to file i130 for my minor son and spouse (who is not the biological father) can I do the application on one form or do I need to file 2 separate forms, thanks
 
Momo Jan said:
Green card holder
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Ok. A stepchild is considered a “child” under US immigration law as long as the marriage creating the step-relationship occurred before the child turned 18. As F2A (spouse of LPR) allows derivatives, you can choose to file one with your spouse and the child as derivative, or you can file two separate petitions. The latter is preferable in at least two situations i can think of that may or may not apply to you - if you have any concerns about the marriage (you don’t wan’t to have to start all over again from scratch with you son in the case the spouse doesn’t end up coming), or if you think you might become a citizen before the process is complete (this is because the F2A spouse petition would automatically convert to IR1, and IR1 does not allow derivatives so a separate petition would be needed for the child in that case).
 
SusieQQQ said:
Ok. A stepchild is considered a “child” under US immigration law as long as the marriage creating the step-relationship occurred before the child turned 18. As F2A (spouse of LPR) allows derivatives, you can choose to file one with your spouse and the child as derivative, or you can file two separate petitions. The latter is preferable in at least two situations i can think of that may or may not apply to you - if you have any concerns about the marriage (you don’t wan’t to have to start all over again from scratch with you son in the case the spouse doesn’t end up coming), or if you think you might become a citizen before the process is complete (this is because the F2A spouse petition would automatically convert to IR1, and IR1 does not allow derivatives so a separate petition would be needed for the child in that case).
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Thank you so much, this is very helpful
 
Momo Jan said:
If I need to file i130 for my minor son and spouse (who is not the biological father) can I do the application on one form or do I need to file 2 separate forms, thanks
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In what category did you get your green card? Did you marry before or after you got your green card? Was your son born before or after you got your green card?
 
newacct said:
In what category did you get your green card? Did you marry before or after you got your green card? Was your son born before or after you got your green card?
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I won a DV lottery, my child was born before I got the GC, In fact I entered the lottery with my child but the consular asked me to present a sole custody order which I failed to submit on time because my interview was in the last week of September so the DV program closed before my minor child's visa was issued.

About the marriage, we got married after I was issued an immigrant visa but before I travelled to US
 
Momo Jan said:
I won a DV lottery, my child was born before I got the GC, In fact I entered the lottery with my child but the consular asked me to present a sole custody order which I failed to submit on time because my interview was in the last week of September so the DV program closed before my minor child's visa was issued.

About the marriage, we got married after I was issued an immigrant visa but before I travelled to US
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Okay. I was thinking about whether your spouse and child can immigrate as your derivative beneficiaries instead of you petitioning them, but if you're DV it's not possible since it's probably already past the end of the fiscal year you immigrated on, and DV visas can only be issued in that fiscal year. So petitioning them is still the way to go.
 
newacct said:
Okay. I was thinking about whether your spouse and child can immigrate as your derivative beneficiaries instead of you petitioning them, but if you're DV it's not possible since it's probably already past the end of the fiscal year you immigrated on, and DV visas can only be issued in that fiscal year. So petitioning them is still the way to go.
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Thanks for your response
 
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