Should I submit DS260 or wait for children's I-130 approval?

[azim970113]

Hi,

I am in very weird situation with my wife's and children immigration. Here is the scenario:
I have applied for my wifes and children with single I-130 as I was LPR on May 2011. The case was approved on April 2013. I got Case# for my wife along with my children. They faced interview November 2013 and Dhaka consulate office put them on hold by issuing 221G. In 2014 December I become US citizen. I have notified NVC, change of my immigration status hoping that will expedite additional processing. NVC inform me that I need to notify US Consulate office Dhaka. I followed their instruction and notify Dhaka US consulate office by email. In reply they told me that they are deleting my kids information from my wifes application and as a US citizen I have to apply separately for my kids.
Top on that they told me to do medical exam for my wife again and submit to local visa office as her medical report is over 1 yr.
I already apply separate I-130 for my kids and got the receipt letter on 17th March. today Dhaka consulate office ask my wife to submit DS260 and take oath with passport on april 5 2015. But no information about my children.

here is my questions.
1. If she submit her passport and got visa what is the maximum time frame to come to USA? is there any way to delay her travel to USA?
2. can my children get nonimmigrant visa while there I-130 is under processing? so that they can travel with their mother?
3. if she doesn't submit DS260 and passport and don't go on April 5th, is there any way to delay or reschedule her 2nd interview date?
4. I got I-130 application received receipt on March 17 2015 for my Children. How long it will take to approve in Dallas field office?

There is no one to take care of my children except their mother. I am worried that US consulate would give my wife visa and would tell to wait for my children's visa processing. According to website my children visa processing will take not less than 7 to 9 month.

Please let me know your opinion what step i can take.

thanks

[rayb]

You're right, your situation is somewhat unusual.

If you had held off completing the NVC processing for your wife, her paperwork could have waited there until the children's I-130's caught up with her.

Following is what I recommend:
1. Let wife proceed with her visa processing, then have her come to the U.S., obtain her I-551 stamp in passport, then return to Dhaka to wait for children to catch up.
2. During the short period while she goes to the U.S. to get proof of temporary Permanent Resident status, someone will have to be taking care of the children, perhaps for as long as two weeks.
3. You can also apply for visitor visas for the children, but applications will probably be denied.
4. Once she has her spousal visa, she can expect to have up to 6 months to use it (depending on expiration date on visa).

--Ray B

Hi,

I am in very weird situation with my wife's and children immigration. Here is the scenario:
I have applied for my wifes and children with single I-130 as I was LPR on May 2011. The case was approved on April 2013. I got Case# for my wife along with my children. They faced interview November 2013 and Dhaka consulate office put them on hold by issuing 221G. In 2014 December I become US citizen. I have notified NVC, change of my immigration status hoping that will expedite additional processing. NVC inform me that I need to notify US Consulate office Dhaka. I followed their instruction and notify Dhaka US consulate office by email. In reply they told me that they are deleting my kids information from my wifes application and as a US citizen I have to apply separately for my kids.
Top on that they told me to do medical exam for my wife again and submit to local visa office as her medical report is over 1 yr.
I already apply separate I-130 for my kids and got the receipt letter on 17th March. today Dhaka consulate office ask my wife to submit DS260 and take oath with passport on april 5 2015. But no information about my children.

here is my questions.
1. If she submit her passport and got visa what is the maximum time frame to come to USA? is there any way to delay her travel to USA?
2. can my children get nonimmigrant visa while there I-130 is under processing? so that they can travel with their mother?
3. if she doesn't submit DS260 and passport and don't go on April 5th, is there any way to delay or reschedule her 2nd interview date?
4. I got I-130 application received receipt on March 17 2015 for my Children. How long it will take to approve in Dallas field office?

There is no one to take care of my children except their mother. I am worried that US consulate would give my wife visa and would tell to wait for my children's visa processing. According to website my children visa processing will take not less than 7 to 9 month.

Please let me know your opinion what step i can take.

thanks

[azim970113]

You're right, your situation is somewhat unusual.

If you had held off completing the NVC processing for your wife, her paperwork could have waited there until the children's I-130's caught up with her.

Following is what I recommend:
1. Let wife proceed with her visa processing, then have her come to the U.S., obtain her I-551 stamp in passport, then return to Dhaka to wait for children to catch up.
2. During the short period while she goes to the U.S. to get proof of temporary Permanent Resident status, someone will have to be taking care of the children, perhaps for as long as two weeks.
3. You can also apply for visitor visas for the children, but applications will probably be denied.
4. Once she has her spousal visa, she can expect to have up to 6 months to use it (depending on expiration date on visa).

--Ray B

Ray, thanks for your quick response.
if she complete her visa processing and going back to Dhaka with I-551 don't she need to comeback USA within 6 month? and if i-130 won't approve within that time period?
my understanding was if I don't submit DS260 the final visa will not process. Can i explain the situation to US consulate and ask for submitting DS260 after my children's I-130 approve? so that they can come together? any thoughts?.........

[rayb]

There is no "six-month" deadline for Permanent Residents being out of the country. She can stay out up to a year, and a year up to two years with a "Reentry Permit." But a stay outside of 6 months or more may constitute a break in her "continuous residency" eligibility for U.S. citizenship later on.

True..if you don't submit the DS-260, there is no visa processing, but if her paperwork is now at the Embassy, failure to complete the DS-260 might cause her petition to expire (though the Embassy might allow a wait up to a year).

My advice, again, is to get your wife here, get her status recorded on her passport, or wait for her Green Card to show, then let her return to Dhaka to wait for the children's visa processing.

--Ray B

Ray, thanks for your quick response.
if she complete her visa processing and going back to Dhaka with I-551 don't she need to comeback USA within 6 month? and if i-130 won't approve within that time period?
my understanding was if I don't submit DS260 the final visa will not process. Can i explain the situation to US consulate and ask for submitting DS260 after my children's I-130 approve? so that they can come together? any thoughts?.........