Immigrant visa granted but issue with husband and 13 year old daughter
 

After much study and the help from a kind employee from London American Embassy, who emailed me back and forth for several months answering my questions, I had a successful interview in London for an immigrant visa.
This was organized due to my US citizen daughter sponsoring me.

During my interview I asked what I would be required to do to add my husband and daughter to my visa application. I was told that this was not something I could do at this late stage.

I explained that I was advised from one of their employees the following....

"If your daughter files an I-130 on your behalf; when the times comes for consulate processing, both your husband and 11 year daughter will ride on your application and they will be included in the processing of your immigrant visa."

It was then explained to me that this is not something that happens and that if I was to apply to NVC for my daughter and husband then the application would not be complete before six months and that I should contact a solicitor for advice.

I have messaged four solicitors at this stage, two from the UK and two from the US, but no one has replied.

Perhaps someone could recommend a solicitor to me or offer some guidance.
Feeling quite deflated and desperate.

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

This is why we always say, DO NOT ask the embassy any immigration questions. They simply don't know the answer. In this unfortunately case, she was VERY VERY wrong, and you based your whole immigration process on that wrong information.

J Craig Fong (in the USA) is often recommended on here.

Your USC daughter needed to file an I-130 for each of you separately. You and your husband's process would have gone at the same rate and you would have gotten your visas together. Your 13-year old daughter would be in a different category (sibling), for which there is about a 10 to 12 year backlog. So even if your USC daughter had done things correctly, you wouldn't all be able to immigrate together.

Since you now have an immigrant visa, you can go to the USA and immediately become a US PR. You can immediately file an I-130 for your husband and 13-year old. They each might get their immigrant visas within a couple of years. According to the visa bulletin, they are processing I-130's from 2013 right now.

Your USC daughter can still, right now, file an I-130 for dad and 13-year old sister, but as above, dad's visa process would take a year or two....sister's would take 10 - 12 years.

In my opinion, best thing to do would be to go ahead and use the immigrant visa you have now, move to the USA, file an I-130 for hubby and 13-year old, and then they can join you in the USA in a couple of years (if the backlog processes at that rate...it could speed up or slow down at any time).

See the Visa Bulletin for more information: http://travel.state.gov/content/visa...gust-2015.html

A lawyer can explain all this to you. But he can't wave a magic wand to let you all immigrate as a family unit.

Rene

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

Thank you for your reply Noorah101.

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

I've revised my post somewhat....you might want to re-read it.

Rene

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

Even THAT officer was giving you misinformation. You don't apply to NVC. You apply to USCIS.

Rene

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

Rose, in a thread you started in 2014, you were asking about bringing your husband and younger daughter with you (post number 14 in the thread below). Answers were given in that thread, but it seems you didn't take all that information on board. So, more than a year ago, you knew that you wouldn't be able to immigrate as a family unit (look at post number 23 in the thread below). In post number 35 below, you were advised to get legal consultation, as your case is somewhat complicated.

Here's the thread: http://britishexpats.com/forum/us-im...itizen-822921/

Rene

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

Thank you Rene,
I have sent an email to J Craig Fong. I could not be without my 13 year old daughter for two years

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

I did take the information on board, but when I sent an email to the American Embassy in London I could not believe that they were answering my questions. I honestly would never have went down this road without their guidance and the last email I got said,

"If your daughter files an I-130 on your behalf; when the times comes for consulate processing, both your husband and 11 year daughter will ride on your application and they will be included in the processing of your immigrant visa".

I just thought I had my answer. Now sadly I know better

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

Unfortunately, you did not follow the information in your previous post. In Post 79, you stated that you WILL be contacting an immigration attorney: http://britishexpats.com/forum/us-im.../#post11103227. That was in January 2014.

I know it's water under the bridge now, but after stating you'd be contacting an immigration lawyer...why were you emailing the American Embassy in London at all?

I'm sorry this is happening to you. I know it's frustrating. Hopefully an immigration attorney will give you a path forward that you can live with.

Rene

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

Post number 57 from Coral11680 states that if I was to take up LPR and sponsor my husband then my daughter would be added to his application and would be able move with him, and that this would take around 12 months.
I hope that an immigration attorney will be able to help me. I want to cry

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

Yes, and as others in that thread pointed out, she was (sort of) wrong. That's why you needed to speak to an immigration lawyer at that time....to get the correct information right from the beginning.

It's true that you can now take up LPR and file an I-130 for both your husband and your younger daughter. According to the visa bulletin, their backlogs are running about the same time frame. So chances are good those 2 could immigrate together (but it's not like Coral said, where the daughter is "added to his application"...she needs a separate I-130). Evidently Mr. F also pointed out in that thread, that it's seen as an acceptable reason for YOU to be outside the USA for a couple of years (after becoming an LPR), to wait with the family until you can move all together...but you MUST take steps to protect your LPR status while outside the USA, which opens up another whole set of rules and steps to be taken.

Yes, an immigration attorney CAN help you. From now on, do NOT listen to anything an embassy has to say. You can ask and read on this forum, but again we are mostly laymen and not immigration lawyers, either...we are just people who have been through the process of immigrating and trying to help others get through it.

Your case is now very complicated, and you NEED an immigration attorney. Please let us know how it goes.

Rene

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

<sigh> The answer was already given.

But, that said, this is an issue I've seen attorneys screw up -- once. The problem is that as a general rule is that spouse and children DO, as a general rule, "accompany" or "follow to join." The one exception to this is for "immediate relatives." The leading treatise in immigration law was originally published in 1961. One of the original authors [now deceased] had been general counsel of former INS and was around at the time of the enactment of the 1952 Act [which, as extensively amended, we are still operating under]. Charles Gordon noted the provision was obviously an oversight and would probably be corrected in short order by congressional action. We are still waiting.

Although husband can immigrate as an immediate relative step-father, the brother is problematical. There may be things that can be done. Also, I wonder if AmCit filed for her brother at any time, they may have already lost time.

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

Daughter! :)

Ian

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

S Folinsky my AmCit daughter never filed for her sister because of information that it would take about 12 years.

Rene, I really do appreciate your time and help. I understand your frustrations that I was advised and did not follow all of the advice. Believe me I am so devastatingly sorry for that now. I just thought that I had found the answers to allow my family to move together via London American Embassy. BUT I should never have thought I could do this myself, I SHOULD HAVE CONSULTED AN ATTORNEY.
Thank you for the reminder that I can take up my LPR and come back to Scotland to await my husband and daughter's immigrant visa being processed. This is probably the only thing that I will be able to do. BUT my poor daughter who has been in the States now for 3 years without her family is going to be devastated.

Re: Immigrant visa granted but issue with husband and 13 year old daughter
 

It seems you took on board the information you felt agreed with your point of view, and largely ignored the information you felt was contrary to your point of view. Sadly, as you now realize, the contrary information was, in fact, the correct information - and you could have avoided this entire situation had you been more willing to seek legal counsel a year ago. I don't mean to sound harsh, but hopefully your experience will be an example for others.

Ian