Can I request for the immigration process to speed up before my wifes visa expires? 5 Answers as of July 04, 2013

I’m a US citizen now, when I was a LPR I petitioned I130 for my spouse, when it approved. After 2 years of waiting we had a baby & she was included into the same petition. Finally they both interviewed at consulate on December 2010 for US immigration visa, but unfortunately they put in to administrative review. now case is at DOS & they say priority date to be current in order to complete AR..(PD is 05/2008). While waiting for this, I became a citizen. If I inform & upgrade my case, will my wife & under 2 year child able to get visa at the same time?? In case if the child rejected under derivative beneficiary what are other option to apply visa for child. Does my wife need to accompany her? Even if I have to put another I 130 under CR2 /IR2, how can I make request to make speed the process before my wife’s visa expired?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If the case is at the consulate send them your naturalization certificate with your wife's case number and ask that the case be upgraded to immediate relative. Immediately file an I-130 on the child and then efforts can be made to try and expedite to accompany the Mom.
Answer Applies to: California
Replied: 7/14/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
First of all, you should file a visa petition for your child since it does not qualify for a green card as a derivate. Once the visa petition is approved and you applied for an immigrant visa for your child, you want to inform the Consulate and/or National Visa Center about you becoming a U.S. citizen and the resulting change in preference group for your wife's pending application. Of course, you can update your wife's application at this point but she will not be able to bring the child.
Answer Applies to: California
Replied: 7/13/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
How can naturalization affect my I-130 for wife and child? Legally your wife and child cannot immigrant as spouse and child of a permanent resident as you are now US citizen. The problem for this is that your child cannot be included in your petition for your wife. You will have to file a separate I-130 for your child and it may take several months to a year for the processing. If the US consulate does not know your naturalization and approves the visas for your wife and daughter, they may be fine.
Answer Applies to: California
Replied: 7/13/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Because you are now a USC, the cases should be automatically upgraded. That does mean that technically you are supposed to file an I-130 for your child as well, because immediate relatives can't be on the same petition. You will need to file an I-130 for your daughter and once it is with the NVC, you will want to upgrade your wife's petition. Let the NVC know that you have two family cases and one is for an infant so you can request that the files are matched and sent to the consulate for processing together.
Answer Applies to: California
Replied: 7/13/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
It appears that you are somehow more familiar with immigration issues than average client.
Answer Applies to: Nevada
Replied: 7/4/2013
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