follow to join interview

[qyz891023 0]

hey guys i have a quick question.

my wife got her green card through marriage, consular processing, and now she wants file i824 for her dependent son to "follow to join", who is currently in the United States on nonimmigration visa F1.

Question is if I 824 is approved, does he have to go back to his home country for the interview or can he adjust his status and gets interviewed in the US?

thanks

[RICARDO4EVA2 194]

hey guys i have a quick question.

my wife got her green card through marriage, consular processing, and now she wants file i824 for her dependent son to "follow to join", who is currently in the United States on nonimmigration visa F1.

Question is if I 824 is approved, does he have to go back to his home country for the interview or can he adjust his status and gets interviewed in the US?

thanks

How old is the child. If he qualifies and is in a legal F1 status then he would be able to adjust.

[qyz891023 0]

How old is the child. If he qualifies and is in a legal F1 status then he would be able to adjust.

He is like 21 now, but when I filed I130 for my wife he was like 19. does he qualify? he's in legal F1 status

and what's the process gonna be? she files i824 - once approved, he gets immigration visa- he files I485?

thanks

[RICARDO4EVA2 194]

He is like 21 now, but when I filed I130 for my wife he was like 19. does he qualify? he's in legal F1 status

and what's the process gonna be? she files i824 - once approved, he gets immigration visa- he files I485?

thanks

Visa Categories that allow Follow to Join are - F1, F2A, F2B, F3, F4, FX, K1 or K3

The visa would have had to be issued prior to him turning 21. So based on that requirement I'm here saying no that he would not be able to benefit from his mom's approved visa.

Others will provide more information.

[qyz891023 0]

Visa Categories that allow Follow to Join are - F1, F2A, F2B, F3, F4, FX, K1 or K3

The visa would have had to be issued prior to him turning 21. So based on that requirement I'm here saying no that he would not be able to benefit from his mom's approved visa.

Others will provide more information.

wait i didnt get it, what visa would have had to be issued before he gets 21?

are you referring to F1 visa? he got his F1 visa three years ago

Edited February 24, 2011 by mikeqiu

[RICARDO4EVA2 194]

wait i didnt get it, what visa would have had to be issued before he gets 21?

are you referring to F1 visa? he got his F1 visa three years ago

The "follow to join " benefits would have to be completed prior to his 21st birthday.

[qyz891023 0]

The "follow to join " benefits would have to be completed prior to his 21st birthday.

are you saying my wife has to file i824 for the kid before his 21st birthday, otherwise he's not qualified?

[RICARDO4EVA2 194]

are you saying my wife has to file i824 for the kid before his 21st birthday, otherwise he's not qualified?

I think Jkelly will shoot it to you in one sentence.

[JimVaPhuong 4,863]

Visas are for entering the United States. The kid is already in the United States.

How old was he when you and his mother were married?

[JimVaPhuong 4,863]

Visas are for entering the United States. The kid is already in the United States.

How old was he when you and his mother were married?

Just to clarify, the kid isn't eligible for derivative status. There are no derivatives for IR1/CR1 visas. You would have needed to submit a separate petition for the kid, which you could ONLY do if you married his mother before he was 18. If the parent/step-child relationship was established after he was 18 then you can't petition for him at all.

If you married his mother before he was 18 then you can now submit a petition for an FB1 visa. Otherwise, his mother can submit a petition for an FB2B visa. The priority date for the FB1 will become current in about six years. The priority date for the FB2B will become current in about eight years. This is based on the current visa bulletin. It could be more or less than that amount of time.

If the kid is still in the US when his priority date becomes current then he can adjust status, as long as his non-immigrant status is current and he didn't lose eligibility. For example, if you petitioned for an FB1 and the kid got married then his visa class would change to FB4, which adds about five years to the wait time. If your wife petitioned for an FB2B and the kid got married then he wouldn't be eligible for any other visa class. If the kid is out of status then he can't adjust status and get a green card.

If the kid isn't in the United States, and he's still eligible for a visa when his priority date becomes current, then he'll need to apply for the visa at a US consulate abroad.

[RICARDO4EVA2 194]

Edited February 24, 2011 by RICARDO4EVA2

[pushbrk 12,890]

Just to clarify, the kid isn't eligible for derivative status. There are no derivatives for IR1/CR1 visas. You would have needed to submit a separate petition for the kid, which you could ONLY do if you married his mother before he was 18. If the parent/step-child relationship was established after he was 18 then you can't petition for him at all.

If you married his mother before he was 18 then you can now submit a petition for an FB1 visa. Otherwise, his mother can submit a petition for an FB2B visa. The priority date for the FB1 will become current in about six years. The priority date for the FB2B will become current in about eight years. This is based on the current visa bulletin. It could be more or less than that amount of time.

If the kid is still in the US when his priority date becomes current then he can adjust status, as long as his non-immigrant status is current and he didn't lose eligibility. For example, if you petitioned for an FB1 and the kid got married then his visa class would change to FB4, which adds about five years to the wait time. If your wife petitioned for an FB2B and the kid got married then he wouldn't be eligible for any other visa class. If the kid is out of status then he can't adjust status and get a green card.

If the kid isn't in the United States, and he's still eligible for a visa when his priority date becomes current, then he'll need to apply for the visa at a US consulate abroad.

Jim is correct if no petition has been filed for the stepson already. Mention of an I-824 leads me to believe perhaps a separate I-130 has already been filed.

Three questions.

1. What was the boy's age at the time of the marriage?

2. Has an I-130 petition already been filed in his behalf?

3. If an I-130 was filed was it approved?

[nigel 7]

Jim and pushbrk is on the right track here...

[qyz891023 0]

Just to clarify, the kid isn't eligible for derivative status. There are no derivatives for IR1/CR1 visas.

Are you sure about this? I dont know what IR1/CR1 visa is but people from NVC told me my step-son is a derivative beneficiary on this case, and that's why his name showed up in NVC's system even though his own seperate I-130 got denied by USCIS.

Jim is correct if no petition has been filed for the stepson already. Mention of an I-824 leads me to believe perhaps a separate I-130 has already been filed.

Three questions.

1. What was the boy's age at the time of the marriage?

2. Has an I-130 petition already been filed in his behalf?

3. If an I-130 was filed was it approved?

1. What was the boy's age at the time of the marriage? 19

2. Has an I-130 petition already been filed in his behalf? yes

3. If an I-130 was filed was it approved? denied because USCIS told me the marriage took place after his 18th bday

[pushbrk 12,890]

Are you sure about this? I dont know what IR1/CR1 visa is but people from NVC told me my step-son is a derivative beneficiary on this case, and that's why his name showed up in NVC's system even though his own seperate I-130 got denied by USCIS.

1. What was the boy's age at the time of the marriage? 19

2. Has an I-130 petition already been filed in his behalf? yes

3. If an I-130 was filed was it approved? denied because USCIS told me the marriage took place after his 18th bday

Then he has no derivative status and cannot immigrate as your stepson. His mother can file an I-130 for him as Jim stated earlier. She should do that ASAP, to get in line. Should he enter into a legitimate marriage to a US Citizen, he could adjust status based on that. Otherwise, when his student status ends, his legal status ends.