Did Not File Separate Petition for Derivative Children

[crbster 0]

Hi All,

I have a unique case regarding my son's petition which I hope someone can give me advise on. I was married to a US Citizen back in 1997 and my wife filed a petition for me on the same year. I listed the name of my son, who was 16 years old at the time, on the I-130 application but was not aware that I should have filed a separate application for him. All the while I thought we were going to get approved under the same petition. It wasn't until 2003, when I got my green card that I realized the mistake I made and he was already 22 at that time. I immediately filed a petition for him after that.

I was just wondering if there have been similar cases like this and if there is anything I can do instead of waiting for his petition to become current. It took 6 years for me to become a permanent resident. If I could have gotten it a year earlier, I could have filed a petition for him before he aged out. Is there any way I can use this as a justification and possibly get him here sooner? Please advise.

Thank you all in advance.

[JimVaPhuong 4,863]

Hi All,

I have a unique case regarding my son's petition which I hope someone can give me advise on. I was married to a US Citizen back in 1997 and my wife filed a petition for me on the same year. I listed the name of my son, who was 16 years old at the time, on the I-130 application but was not aware that I should have filed a separate application for him. All the while I thought we were going to get approved under the same petition. It wasn't until 2003, when I got my green card that I realized the mistake I made and he was already 22 at that time. I immediately filed a petition for him after that.

I was just wondering if there have been similar cases like this and if there is anything I can do instead of waiting for his petition to become current. It took 6 years for me to become a permanent resident. If I could have gotten it a year earlier, I could have filed a petition for him before he aged out. Is there any way I can use this as a justification and possibly get him here sooner? Please advise.

Thank you all in advance.

Why did it take six years for you to get a green card?

Your wife filed an I-130 petition for an immediate relative visa for you. Immediate relative petitions do not allow for derivatives. You could not have filed any petition for your son until you got a green card, but your wife could have because she married you before he was 18. She didn't. That's now water under the bridge.

I'm not aware of any exception that would apply to your case. You weren't eligible to file a petition until you got your green card, and he was already 22 by that time.

What country are you from? For most countries, the cutoff date for F2B's is currently September, 2004. If you filed before that then his priority date should already be current. You should have received a notice from NVC notifying you that his priority date was current and requesting you pay the affidavit of support fee. If you're from the Philippines then you've got a couple more year to wait. If you're from Mexico then you've got at least a decade more to wait.

If you're not from Mexico or the Philippines, then did you move since you filed the petition? Have you kept USCIS notified of your current address?

[aaron2020 11,651]

Hi All,

I have a unique case regarding my son's petition which I hope someone can give me advise on. I was married to a US Citizen back in 1997 and my wife filed a petition for me on the same year. I listed the name of my son, who was 16 years old at the time, on the I-130 application but was not aware that I should have filed a separate application for him. All the while I thought we were going to get approved under the same petition. It wasn't until 2003, when I got my green card that I realized the mistake I made and he was already 22 at that time. I immediately filed a petition for him after that.

I was just wondering if there have been similar cases like this and if there is anything I can do instead of waiting for his petition to become current. It took 6 years for me to become a permanent resident. If I could have gotten it a year earlier, I could have filed a petition for him before he aged out. Is there any way I can use this as a justification and possibly get him here sooner? Please advise.

Thank you all in advance.

Unfortunately, no.

[RICARDO4EVA2 194]

Unfortunately, no.

I agree, no.

[crbster 0]

Thanks for the reply guys!

JimVaPhuong, my son is in the Philippines and I know it will take a couple of years before he gets here. I just thought there was something I can do to speed up the process. Specially that I had a heart attack awhile back. Just want for him to get here before anything else goes wrong. Thanks again.