QUESTION

Can my wife and stepson go to NY once I-130 is approved?

Asked on Oct 09th, 2012 on Immigration - Michigan
More details to this question:
I married in January 2012, and sent I130 June 2012 it is yet to be approved but when it is what other steps must I take to get them to New York asap.
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5 ANSWERS

Once the I-130 is approved, it will go to the NVC (national visa center) for further collection of fees and forms and documentation so that an interview can be schedule at the US Embassy/US Consulate in the country where your wife and stepson reside. Once the interview is scheduled and they are approved, they will be issued immigrant visas for entry to the US.
Answered on Oct 17th, 2012 at 1:16 PM

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After your I-130 petitions' approval, the case will be transferred to the National Visa Center of the U.S. Department of State. If you are a U.S. citizen, NVC will shortly send you several documents and instructions. Follow these instructions, and your wife and step-child will be called for an interview at the U.S. Consulate or Embassy in their country and (if there are no problems with the case) receive immigrant visas. If you are a permanent resident, the process will be the same but you will not hear from the national Visa Center for about 2.5 years.
Answered on Oct 15th, 2012 at 2:33 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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I assume they are outside of the United States.? After I-130 approval for your wife and the stepson(must file separate I-130 for him, you should follow the NVC procedure to complete the required fee and paper work. Then the file will be sent to their home country for final processing. They will be notified to appear in the US embassy for interview.
Answered on Oct 11th, 2012 at 3:35 PM

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Rebecca T White
You don't give enough information to truly answer the question. I am not sure if you are a US citizen, or if your wife and stepson each have I-130s filed, or if they are in or out of the US at this moment.
Answered on Oct 10th, 2012 at 1:13 PM

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If your wife and stepson's still has good non-immigrant status, they can probably do so, but they should keep all papers you have filed for them. Have you also filed the I-485's Just approval of the I-130 does not give the beneficiary legal status in the US.? If they are not legal, there are concerns.Why does your wife and step-son have to go to New York? Especially if New York is not your home state. If your wife does not have legal status and/or you have not file the I-485, you better go see a good immigration attorney.
Answered on Oct 10th, 2012 at 1:12 PM

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