follow to join interview

[JimVaPhuong 4,863]

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.

Did your wife apply for a K3 visa?

[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.

Yes, I'm sure there is no derivative status for a 21 year old, K3 visa or not. Even if he could somehow secure a K4 visa, he couldn't adjust status without an approval of the I-130 that was already denied.

If your wife came on a K1 visa and then adjusted status, same answer. 21 year old children of K1 or K3 visa holders cannot be issued K2 or K4 visas. NVC may still have them listed as having derivative status on the books somewhere but a 21 year old is no longer eligible to receive the visa based on derivative status.

[qyz891023 0]

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.

Ok thanks a lot. if my son does not have derivative status, is nvc not gonna invite him to the interview at all or are they gonna reject him in the interview? again, i dont want him out of this country with a student visa.

[qyz891023 0]

Did your wife apply for a K3 visa?

no we did not do anything we were just filing the missing documents and waiting for the date becomes current and have no idea what to do when it becomes current lol, can i get a timeframe on the consular processing of how it works?

Edited February 25, 2011 by mikeqiu

[JimVaPhuong 4,863]

no we did not do anything we were just filing the missing documents and waiting for the date becomes current and have no idea what to do when it becomes current lol, can i get a timeframe on the consular processing of how it works?

No, you don't understand. I'm trying to figure out why NVC would have used the term "derivative" to describe your step-son.

There are two kinds of a visas someone can get based on marriage to a US citizen. The IR1/CR1 is an immigrant visa. The K3 is a non-immigrant visa.

An IR1 and CR1 are basically the same type of visa. They issue an IR1 if the beneficiary has been married more than two years, and a CR1 if less than two years. An IR1 automatically receives a 10 year green card when they arrive in the US. A CR1 automatically receives a 2 year conditional green card. As I stated before, there are no derivatives for an IR1/CR1 visa. A separate I-130 must be filed for each beneficiary - the visa would be IR2 for a child.

A K3 doesn't automatically result in a green card. The beneficiary comes to the US and applies for a green card after arriving. A K3's children DO have derivative status, and can apply for a K4 visa, but only if they married the US citizen before the child was 18. A separate petition is not required for the child to receive a visa, but an I-130 would need to be filed for the child before they could get a green card. A K4 child must have their green card application accepted by USCIS before they become 21. After that, their status is generally protected by the Child Status Protection Act while their case is being adjudicated, even if they turn 21 while their application is being processed.

If your wife had to apply for a green card after coming to the US then she came with a K3 visa. If she got her green card automatically within weeks of arriving in the US then she came with an IR1 or CR1 visa. If she came with a K3 visa then the terms "derivative" and "follow to join" make more sense. Unfortunately he's not eligible in either case. You married his mother after he was 18. You can't petition for him anymore.

His mother can still file an I-130 for him as the adult unmarried child of a permanent resident. The visa class is Family Based 2B. When USCIS accepts the petition they will send a letter indicating the date it was accepted. This is specified on the letter as the "priority date". When NVC begins issuing visa numbers for that visa class with a priority date equal to or later than the priority date on the letter then her son can proceed - either apply for a visa at US consulate abroad, or apply for a green card if he's in the US with lawful non-immigrant status. To see the current priority dates you should go to the Department of State website:

http://travel.state.gov/

Click on "Visas" at the top of the screen, and then click on "Visa Bulletin" in the left side menu, then choose the month you want to see the bulletin for. Scroll down to the first table and look for "2B". You'll see the current priority dates. No country is allowed more than 7% of the available visas each year, and some countries are oversubscribed, which is why there are some country-specific columns in the table.