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I applied i824 "follow to join" for my wife and i130 for my…

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I applied i824 "follow to...
I applied i824 "follow to join" for my wife and i130 for my child who are living in Ethiopia.
The I130 is still in process at USCIS. The i824 is approved.
National Visa Center contacted me about the approved i824 to send additional documents and to pay fees.
After that NVC then transfered the case to the US embassy for an interview.
At the US Embassy, they did a prescreening document checkup and found that my child is a second applicant with my wife.
and a separate DS260 needed to be completed for my child.The I824 I applied was just for my Wife and does not include my child. That is because, I was told I cant include my child
on I824 because she was born after I got Green Card. So I had to apply a separate I130 for my child.On the DS260 form my wife checked yes for Question 'Is this child immigrating to the U.S. at a later date to join you?'Is this why there are two applicants now? And how shall We go forward with this application?
Submitted: 5 months ago.Category: Immigration Law
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Answered in 2 hours by:
12/21/2017
Immigration Lawyer: Edward Young,
 replied 5 months ago
Edward Young
Category: Immigration Law
Satisfied Customers: 405
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Immigration Lawyer: Edward Young,
 replied 5 months ago

The explanation you were given is correct. You cannot apply for an I-824 “follow to join” petition for your child because she was born after you became a permanent resident. That is why you have two different proceedings. So, you will need to complete a second DS-260 for your child, after your I-130 petition is approved. When your wife goes in for her interview, you can explain the circumstances—that she checked the wrong box due to a misunderstanding of the rules.

I hope this helps.

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Customer reply replied 5 months ago
My wife could not get to the interview because there is document completeness screening before the interview. And during pre-screeening they find out that there are two DS260 forms required but only one DS260 is complete.
Are you saying, She should explain the issue to the prescreening people?
Can I contact NVC or Embassy to ask them to unlock the DS260 form and correct the submitted form?Thanks
Immigration Lawyer: Edward Young,
 replied 5 months ago

When the I-130 for your child is approved, it is sent to the National Visa Center. After that, they will contact you to go ahead and prepare the DS-260. You cannot get an interview until the I-130 is approved. Do you think that you have filled out and paid for a DS-260 for your child? You can certainly contact the NVC and explain your situation and see what they have.

Please go ahead and rate me. I get no credit for my work until you rate me. If you have any follow-up questions, I will answer them at no additional charge.

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Customer reply replied 5 months ago
My question is not about the I130 and its related Ds260. The I130 is not approved yet.
The I824 has two Ds260 forms that need to be filled out. That is according to the PreScreening People at the embassy.
Immigration Lawyer: Edward Young,
 replied 5 months ago

You need to talk with them again and clarify why you have two? Did you pay two fees or is it a clerical error?

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Customer reply replied 5 months ago
According to the prescreening people, The second DS260 is for my daugter. She is accompanying my wife and she would need DS260. The Fee is to be paid with the second DS260 submission at the embassy.
Immigration Lawyer: Edward Young,
 replied 5 months ago

Ok. Then you must complete a separate I-824 for her.

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Customer reply replied 5 months ago
I dont think you understood my question.
Immigration Lawyer: Edward Young,
 replied 5 months ago

Ok. Tell me again. I thought you said that, in a prescreening review, they discovered that your wife has a checked a box that indicated that your child was immigrating at a later date. They said that there must be two DS 260s completed because your child was born after you became a permanent resident. Usually, the I-130 is approved and then you complete the DS-260. That is what is puzzling me.

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