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Immigration Issues/Spouse/stepdaugther Visas



I just received this letter from the NVC.

"Your letter has been received at the National Visa Center.

The Immigration and Nationality Act (INA) does not
allow derivative status to family members of immediate relatives. IR1,CR1,CR2, IR2, and IR5 classifications are immediate relative visa
categories. This means that a spouse, unmarried child under the age of 21 and a parent of a U.S. citizen require their own individual petition in
order to immigrate to the U.S.

If a period of one year without contacting the NVC, all submitted fees and documents will expire. In that case, fees and documents will need to be resubmitted in order to continue the immigration process."


I originally submitted one I-130 form for my wife and I also included her daugther (Age 6) on the same form with everything that is required for both wife and stepdaugther (pictures, birth certificates, passports, etc.). I thought the child is included with the mother's Visa request on the one I-130 form. I then received a notice that the I-130 application was approved. And I have sent in the I-864 form for the Affidavit of
Support to include both my wife and stepdaugther.

What should I do?
1. Does this mean I must submit a seperate I-130 form for her daughter?
2. Or do I resubmit a seperate I-130 form for my wife?
3. Or must I do both, resubmit the I-130 for my wife and submit 1 new
I-130 for her daughter?
4. Will this stop or slow down wife's Visa process?

B. D.

You have to file an I-130 for the daughter now. You can continue the process for your wife and she will get the visa first or once you process your wife's case until the file is at the embassy you can ask them to hold it until your daughter's case gets there.



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Robert Hollander<B> Esq.</B>



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