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Griselita

Filling the DS-230, help with some questions!

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Hi everybody!

Well, i reach the 7th page in Google but i got no answer for my doubt, the question 31b is one of the most commented, but i can't get it yet

The question 31b says: "Persons named in 14 and 29 who will follow you to the United States at a later date"

Does that reffer to persons (i know... named in 14 and 29) who WANTS or are planing enter to United States through me?

i mean, if everything is ok, i want my children here (over 21yo) but i have not filled anything for him, the right process is to fill the form AFTER i legally enter to United States, BUT i don't know if he will get married with any citizen or resident, or if he get a job, or if he will continue studying in United states,

what i want to mean is, if he enter to United States by his own, do i have to included him in 31b?

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Hi everybody!

Well, i reach the 7th page in Google but i got no answer for my doubt, the question 31b is one of the most commented, but i can't get it yet

The question 31b says: "Persons named in 14 and 29 who will follow you to the United States at a later date"

Does that reffer to persons (i know... named in 14 and 29) who WANTS or are planing enter to United States through me?

i mean, if everything is ok, i want my children here (over 21yo) but i have not filled anything for him, the right process is to fill the form AFTER i legally enter to United States, BUT i don't know if he will get married with any citizen or resident, or if he get a job, or if he will continue studying in United states,

what i want to mean is, if he enter to United States by his own, do i have to included him in 31b?

Are you the only applicant for a visa or you have children under 21 going with you??? If no then you just put NONE. It asks who are the people applying for a Visa with you.

Edited by Oksana & Max
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"Trust in the LORD with all your heart and lean not on your own understanding; in all your ways acknowledge him, and he will direct your paths." (Proverbs 3, 5-6)

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Are you the only applicant for a visa or you have children under 21 going with you??? If no then you just put NONE. It asks who are the people applying for a Visa with you.

i am the only one.

But that sounds in present, that would be the answer for the 31a

in 31b,

"Persons named in 14 and 29 who will follow you to the United States at a later date"

i really dont understand the answers and what are being asked in the 31b,

in 31b, they wants to know if i will fill , or if once in United States i will fill a petition for him, or if he is alreaddy petitioned and his status is in progress?

Edited by Griselita
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Filed: IR-5 Country: United Kingdom
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i am the only one.

But that sounds in present, that would be the answer for the 31a

in 31b,

"Persons named in 14 and 29 who will follow you to the United States at a later date"

i really dont understand the answers and what are being asked in the 31b,

in 31b, they wants to know if i will fill , or if once in United States i will fill a petition for him, or if he is alreaddy petitioned and his status is in progress?

okay question 31a = none

31b = name of your son...eventually you will apply for him but this won't happen until you get you GC first...so is pretty much that's it...simple!!How can he be in progress if not even you got anything?? :bonk:

I-130 SENT 2012/01/20

I-130 NOA1 2012/01/24

I-130 NOA2 2012/06/12

NVC receiv 2012/07/02

NVC case # 2012/07/13

DS-3032 emailed 2012/07/13

AOS paid 2012/07/20

AOS sent 2012/07/23

DS-3032 Accepted 2012/07/24

IV paid 2012/07/25

IV/DS-230 sent 2012/07/26

RFE missing pay stubs 2012/08/03

Case completed 2012/08/16

Inteview Date 2012/10/16

221g (new co-sponsor and proof of domicile for my son) crazy stuff!

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Filed: K-1 Visa Country: Vietnam
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okay question 31a = none

31b = name of your son...eventually you will apply for him but this won't happen until you get you GC first...so is pretty much that's it...simple!!How can he be in progress if not even you got anything?? :bonk:

No. The questions are specifically about derivative beneficiaries. They're asking if either spouse or children will be applying for derivative visas based on the same petition. Question 31a is about derivatives who will apply for a visa at the same time. Question 31b is about derivatives who will apply later and follow to join. A child over 21 years old is not eligible for any derivative visa in any family based visa category. She should not list her son in either question 31a or 31b. Whether she'll submit a petition for him at a later date is not relevant, and it's not the reason they ask the question on the DS-230.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: IR-5 Country: United Kingdom
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No. The questions are specifically about derivative beneficiaries. They're asking if either spouse or children will be applying for derivative visas based on the same petition. Question 31a is about derivatives who will apply for a visa at the same time. Question 31b is about derivatives who will apply later and follow to join. A child over 21 years old is not eligible for any derivative visa in any family based visa category. She should not list her son in either question 31a or 31b. Whether she'll submit a petition for him at a later date is not relevant, and it's not the reason they ask the question on the DS-230.

So a spouse is a derivative to join later? just asking because on my case I will apply for my wife once I get my GC...do you I list her on question 31b?

Edited by benuk

I-130 SENT 2012/01/20

I-130 NOA1 2012/01/24

I-130 NOA2 2012/06/12

NVC receiv 2012/07/02

NVC case # 2012/07/13

DS-3032 emailed 2012/07/13

AOS paid 2012/07/20

AOS sent 2012/07/23

DS-3032 Accepted 2012/07/24

IV paid 2012/07/25

IV/DS-230 sent 2012/07/26

RFE missing pay stubs 2012/08/03

Case completed 2012/08/16

Inteview Date 2012/10/16

221g (new co-sponsor and proof of domicile for my son) crazy stuff!

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Filed: K-1 Visa Country: Vietnam
Timeline

So a spouse is a derivative to join later? just asking because on my case I will apply for my wife once I get my GC...do you I list her on question 31b?

The term "derivative" means someone who is eligible for a visa based on a petition filed for someone else whom they are related to. The person whom the petition was filed for is the primary beneficiary. Someone who is eligible for a derivative visa would be the spouse or minor unmarried child of the primary beneficiary.

A spouse is a derivative of an FB3 or FB4 family preference visa. An FB3 is for the married son or daughter of a US citizen. The married son or daughter can obtain derivative visas for their spouse and their minor unmarried children. An FB4 is for the brother or sister of a US citizen. The brother or sister can obtain derivative visas for their spouse and their minor unmarried children.

The other family preference visa categories, FB1, FB2A, and FB2B, also allow for derivatives. However, these visa categories do not allow a spouse as a derivative because it contradicts the visa category. An FB1 is for the adult unmarried son or daughter of a US citizen - unmarried means no spouse by definition. An FB2A is for either the spouse or the minor unmarried child of a permanent resident - if it's for a spouse then a derivative visa for a spouse would be redundant, and if it's for a minor unmarried child then there's no spouse by definition. An FB2B is the adult unmarried son or daughter of a permanent resident - again, unmarried means no spouse by definition.

Your profile says you're getting an IR5 visa. The IR visas are for immediate relatives of a US citizen. Unlike family preference visa categories, immediate relative visas do not allow for any derivatives. Each beneficiary must have their own petition. It may seem contradictory that the US government would allow derivatives for permanent residents filing for family preference visas, and not allow them for immediate relatives of US citizens, but it's actually a compromise. Family preference visa categories are subject to annual numerical limits - read QUOTAS. Once the petition is filed then a priority date is assigned, and the beneficiary has to wait in line until their priority date becomes current before they can apply for a visa. This can take years or even decades. There are no numerical limits for immediate relatives, so they can get a visa as soon as the bureaucratic processing is completed and they've attended the visa interview.

I'm assuming that the reason your son or daughter didn't file a petition for your wife is because she's not their biological mother, and you didn't marry her before the petitioner was 18 years old. After you get your green card then you'll be filing a petition for an FB2A visa for your wife. She won't be a derivative of anyone elses petition. She'll be the primary beneficiary of the petition YOU file.

The term "follow to join" means the derivative beneficiary is not applying for a visa at the same time as the primary beneficiary, and/or not entering the United States at the same time as the primary beneficiary. Consulates like to get a "heads up" when someone will be applying for a derivative visa later so they can keep the petition file active.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: IR-5 Country: United Kingdom
Timeline

The term "derivative" means someone who is eligible for a visa based on a petition filed for someone else whom they are related to. The person whom the petition was filed for is the primary beneficiary. Someone who is eligible for a derivative visa would be the spouse or minor unmarried child of the primary beneficiary.

A spouse is a derivative of an FB3 or FB4 family preference visa. An FB3 is for the married son or daughter of a US citizen. The married son or daughter can obtain derivative visas for their spouse and their minor unmarried children. An FB4 is for the brother or sister of a US citizen. The brother or sister can obtain derivative visas for their spouse and their minor unmarried children.

The other family preference visa categories, FB1, FB2A, and FB2B, also allow for derivatives. However, these visa categories do not allow a spouse as a derivative because it contradicts the visa category. An FB1 is for the adult unmarried son or daughter of a US citizen - unmarried means no spouse by definition. An FB2A is for either the spouse or the minor unmarried child of a permanent resident - if it's for a spouse then a derivative visa for a spouse would be redundant, and if it's for a minor unmarried child then there's no spouse by definition. An FB2B is the adult unmarried son or daughter of a permanent resident - again, unmarried means no spouse by definition.

Your profile says you're getting an IR5 visa. The IR visas are for immediate relatives of a US citizen. Unlike family preference visa categories, immediate relative visas do not allow for any derivatives. Each beneficiary must have their own petition. It may seem contradictory that the US government would allow derivatives for permanent residents filing for family preference visas, and not allow them for immediate relatives of US citizens, but it's actually a compromise. Family preference visa categories are subject to annual numerical limits - read QUOTAS. Once the petition is filed then a priority date is assigned, and the beneficiary has to wait in line until their priority date becomes current before they can apply for a visa. This can take years or even decades. There are no numerical limits for immediate relatives, so they can get a visa as soon as the bureaucratic processing is completed and they've attended the visa interview.

I'm assuming that the reason your son or daughter didn't file a petition for your wife is because she's not their biological mother, and you didn't marry her before the petitioner was 18 years old. After you get your green card then you'll be filing a petition for an FB2A visa for your wife. She won't be a derivative of anyone elses petition. She'll be the primary beneficiary of the petition YOU file.

The term "follow to join" means the derivative beneficiary is not applying for a visa at the same time as the primary beneficiary, and/or not entering the United States at the same time as the primary beneficiary. Consulates like to get a "heads up" when someone will be applying for a derivative visa later so they can keep the petition file active.

Thanks a million for your reply, You are absolutely right my wife is not the biological mother of my son and we just got married 2 years ago...so as you said on my DS-230 question 31a is NONE and 31b NONE ? I do understand pretty much how it works the FB2A...just not sure what to answer on the form! :help:

Edited by benuk

I-130 SENT 2012/01/20

I-130 NOA1 2012/01/24

I-130 NOA2 2012/06/12

NVC receiv 2012/07/02

NVC case # 2012/07/13

DS-3032 emailed 2012/07/13

AOS paid 2012/07/20

AOS sent 2012/07/23

DS-3032 Accepted 2012/07/24

IV paid 2012/07/25

IV/DS-230 sent 2012/07/26

RFE missing pay stubs 2012/08/03

Case completed 2012/08/16

Inteview Date 2012/10/16

221g (new co-sponsor and proof of domicile for my son) crazy stuff!

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some questions may be quite obvious, but i just want to make sure ;-)

In question 12, Present Occupation, i am retired, but, if they need me AND if i am willing, i go, (here, when you star the retirement process you can stop working the same day, but you can go to work, as honorable assistance or for teaching, with no compromise and no obligation)

so, what do i have to write, retired?

In question 32, the employments for the last 10 years...., in my case i have been working in the same place for 15 years, so, i only have to write that one there right?

what occupation do you intend to work in United States:? as i said, i am retired and i can continue receiving my benefits anywhere, but it won't be bad a little extra income, a part time job that requires no specialization.

Edited by Griselita
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And, in No.35, i had to use a blank page to complete, but i don't remember my fist three visits to United States, i only remember the year but not the month, neither the specific visa type,

my first visit to Puerto Rico in 1964, the second was to United States, the summer of 64, and the second to United states, the summer of 67.

what do i do there?

Edited by Griselita
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Filed: IR-5 Country: United Kingdom
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some questions may be quite obvious, but i just want to make sure ;-)

In question 12, Present Occupation, i am retired, but, if they need me AND if i am willing, i go, (here, when you star the retirement process you can stop working the same day, but you can go to work, as honorable assistance or for teaching, with no compromise and no obligation)

so, what do i have to write, retired?

In question 32, the employments for the last 10 years...., in my case i have been working in the same place for 15 years, so, i only have to write that one there right?

what occupation do you intend to work in United States:? as i said, i am retired and i can continue receiving my benefits anywhere, but it won't be bad a little extra income, a part time job that requires no specialization.

12 Retired

32 The same job that you have just write... from when you start to present

Intent occupation NOT KNOW...

I-130 SENT 2012/01/20

I-130 NOA1 2012/01/24

I-130 NOA2 2012/06/12

NVC receiv 2012/07/02

NVC case # 2012/07/13

DS-3032 emailed 2012/07/13

AOS paid 2012/07/20

AOS sent 2012/07/23

DS-3032 Accepted 2012/07/24

IV paid 2012/07/25

IV/DS-230 sent 2012/07/26

RFE missing pay stubs 2012/08/03

Case completed 2012/08/16

Inteview Date 2012/10/16

221g (new co-sponsor and proof of domicile for my son) crazy stuff!

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Filed: IR-5 Country: United Kingdom
Timeline

And, in No.35, i had to use a blank page to complete, but i don't remember my fist three visits to United States, i only remember the year but not the month, neither the specific visa type,

my first visit to Puerto Rico in 1964, the second was to United States, the summer of 64, and the second to United states, the summer of 67.

what do i do there?

Well on my case I have my old passports with all my entries...I suggest you to give more or less a proximity on the month with the right year!

I-130 SENT 2012/01/20

I-130 NOA1 2012/01/24

I-130 NOA2 2012/06/12

NVC receiv 2012/07/02

NVC case # 2012/07/13

DS-3032 emailed 2012/07/13

AOS paid 2012/07/20

AOS sent 2012/07/23

DS-3032 Accepted 2012/07/24

IV paid 2012/07/25

IV/DS-230 sent 2012/07/26

RFE missing pay stubs 2012/08/03

Case completed 2012/08/16

Inteview Date 2012/10/16

221g (new co-sponsor and proof of domicile for my son) crazy stuff!

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Well, i am almost ready, only two concerns left:

-Both, IV and AOS cover sheets have almost the same address, the only difference is that one says; "Attention CMR", and the other says; "Attn. CMR AOS", same address but different departments. Must they be sent separated right?

Can USPS be used? any special type of shipping?, or just the one that gave me a tracking number?

-And the second concern

I printed out the AOS fee payment receipt and the IV fee payment receipt, do i have to include them in their respective package?

Edited by Griselita
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