SPOUSE CHANGE OF MIND

[bendv 0]

Can a husband start processing his visa a lone after interview is scheduled for the whole family after the wife decides that she would want to join husband to US after one full year so she can take care of aging and ailing Mom ? What need to be done bcoz there seams to be no need of paying and proccesing medical and visas that would expire in 6months ? Plz someone tell urgently ?

[JimVaPhuong 4,863]

Can a husband start processing his visa a lone after interview is scheduled for the whole family after the wife decides that she would want to join husband to US after one full year so she can take care of aging and ailing Mom ? What need to be done bcoz there seams to be no need of paying and proccesing medical and visas that would expire in 6months ? Plz someone tell urgently ?

Be more specific. What visa category is this? Who is the petitioner and who is the beneficiary?

Obviously, there's a US citizen petitioner involved here because an LPR petitioner can only petition for a spouse or child, and you and your wife are both intending to immigrate (along with your kids, I presume). So, it depends on who has the US citizen relative that petitioned for them.

If you are the beneficiary then you and your kids can go ahead and apply for your visas. Your wife will have a maximum of one year after your visa is issued to get her own visa. After a year she'll no longer be eligible as a derivative, and you'd have to file a petition for her and wait a few years before she could come. Note that it's not enough for her to simply get her visa application submitted within a year - she must actually have her visa issued within a year.

On the other hand, if your wife is the beneficiary then none of you can get a visa until she does. Derivatives cannot obtain any immigration benefit until the primary beneficiary also receives the same benefit.