help

[joycemarco 0]

im a wife of LPR. HE FILED I130 LAST FEB .. MARCH 2011 AS OUR PRIORITY DATE.. WE HAVE A SON 1 YEAR OLD NOW...BUT HE ONLY PAID 1.. JUST FOR ME.. ARE WE ON THE RIGHT MOVE

[joycemarco 0]

HOW LONG IT WILL TAKE US?

[JimVaPhuong 4,863]

im a wife of LPR. HE FILED I130 LAST FEB .. MARCH 2011 AS OUR PRIORITY DATE.. WE HAVE A SON 1 YEAR OLD NOW...BUT HE ONLY PAID 1.. JUST FOR ME.. ARE WE ON THE RIGHT MOVE

If he filed a petition for you then your son would qualify for a derivative visa. No separate petition would be required, but you'll both have to submit visa applications when your priority date is current. You probably have a couple more years before your priority date will be current. Check the visa bulletin every month.

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

[Sirach123 2]

If he filed a petition for you then your son would qualify for a derivative visa. No separate petition would be required, but you'll both have to submit visa applications when your priority date is current. You probably have a couple more years before your priority date will be current. Check the visa bulletin every month.

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

Jim, correct me if I am wrong.

What I know of a derivative is someone who is depending on someone's petition rather than to the petitioner. Theirs is a case of a child being petitioned by the father or F2a. So I think the child has to be paid for also.

[elkhris 7]

Jim, correct me if I am wrong.

What I know of a derivative is someone who is depending on someone's petition rather than to the petitioner. Theirs is a case of a child being petitioned by the father or F2a. So I think the child has to be paid for also.

You are wrong on this one my friend what Jim stated is correct. My son derived from my wife with no problem.

[joycemarco 0]

thank you so much... my husband received an approval of the petition but we hve to wait for our PD to be current... after the letter of approval whats gonna be next? am i goin to receive the same letter here in the philippines? coz he received it july 9 2011... ang up to now i havent receive my copy... please enlighten me... thank you so much

[joycemarco 0]

need more help please

[milimelo 4,563]

need more help please

No, you need more patience. Filed petition gave you a priority date (PD) number. March 2011. They are currently working on F2A petitions filed on or before 01DEC08

So you have at least 2+ years of wait time unless something happens to the visa bulletin and visa numbers availability in the coming months.

[JimVaPhuong 4,863]

Jim, correct me if I am wrong.

What I know of a derivative is someone who is depending on someone's petition rather than to the petitioner. Theirs is a case of a child being petitioned by the father or F2a. So I think the child has to be paid for also.

All family preference visas allow for derivatives - spouse and minor unmarried children. The F2A is somewhat unique in that an LPR can actually petition for the minor unmarried children without having to petition for their spouse or the child's parent. For example, an LPR who was divorced could petition for their children without petitioning for their ex-spouse.

In this case, the OP's husband petitioned for an F2A for the OP. Her son will be eligible for a derivative visa based on that petition. Both the OP and her son will need to apply for a visa, get the medical, pay the fees, etc.

[blackpearl 0]

i think Jim is correct. your husband need to send the application to the NVC then pay the necessary fees for your child. somehow,we have the same case. our petition of my eldest son was filed first then after few months i gave birth to our 2nd baby,that's why we have to file for our 2nd son as an additional derivative. don't worry filing for additional derivative will not take so much time. for us, it took us only a month to file for our 2nd son as a derivative. hope it helps.

[Jojo92122 1,924]

All family preference visas allow for derivatives - spouse and minor unmarried children. The F2A is somewhat unique in that an LPR can actually petition for the minor unmarried children without having to petition for their spouse or the child's parent. For example, an LPR who was divorced could petition for their children without petitioning for their ex-spouse.

In this case, the OP's husband petitioned for an F2A for the OP. Her son will be eligible for a derivative visa based on that petition. Both the OP and her son will need to apply for a visa, get the medical, pay the fees, etc.

Jim is correct - a second I-130 for the son is unnecessary. The child is a derivative beneficiary on the F2a case for mom. This contradicts the instructions for Form I-130. However, the instructions have been proven wrong as many have reported that derivative beneficiaries are allowed when an LPR petitions for a spouse.