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Giona Explorer

Giona   44

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Hi everyone im here asking for my uncle's case he's a greencardholder and LPR int he states now hes petitioning his wife and daughter he recently got a letter from nvc and he didnt know what to do or understood what the letter says.

The letter says that "We can process the visa application under either petition however if you choose for your child to process as a derivative on your spouse case he or she will be ineligible for further processing if you naturalize.

If you naturalize the visa category will change, the immigration and nationality act does not allow derivative status for family member of immediate relative. This means that spouse and children of us citizen requires separate petition to immigrate to the united states.

Please choose your preferred method below:

1. I would like the process accompanying beneficiaries under my spouse petition or

2. I would like the process accompanying beneficiaries under their own petition ..

Pls if any of you guys know or can give advise or have the same situation of my uncle that could be a great help! Thanks

Beneficiary - Applying for CR1/IR1

2014:

Jan 30/31 - send our i-130 petition

Feb 03 - NOA1

March 03 - NOA2 our I-130 was approved

April 04 - NVC received our case from uscis

April 23 - Submit DS-261

April 24 - Received DS-261 and AOS BILL

April 29 - Received IV BILL & pay AOS BILL

May 03 - Pay IV BILL

May 10 - AOS Package delivered per mail tracking.

May 13 - AOS PACKAGE scanned in there system

May 16 - IV CIVIL DOCS delivered via FEDEX

May 22 - IV DOCS scanned in there systerm

June 18 - False checklist for IV DOCS

June 19- CASE COMPLETE via phone HOORAYY!! (Called on the 20th) NO CHECKLIST ???

( AOS FEE changed from PAID to N/A)

June 25- Received packet 4 email

July 9 - MEDICAL DONE & APPROVED!!!!!!

AUGUST 4 - INTERVIEW DATE!!!!!!!!! APPROVED!!!!

August 7- VISA ON HAND

August 13 - IMMIGRATION FEE PAID

SEPT 12 - LAX POE

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belinda63 Experienced

belinda63   3,038

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

LPRs file a petition for their spouse and the children are derivatives under that petition......only one petition needed for the family

US citizens file a petition for each family member so if he files a petition for his wife and becomes a citizen the children will need their own petition.

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from IR-1/CR-1 Progress Reports to Bringing Family Members of Permanent Residents to America forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted (edited)

If your uncle naturalizes (becomes a US citizen), his daughter will not be eligible to receive a visa under his wife's petition (F2A category). A new and separate i130 must be filed for the child that would place her under the IR2/CR2 category.

If he retains his LPR status, his daughter will remain as a derivative of his wife's F2A petition.

What is their priority date?

Edited by apple21

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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Giona Explorer

Giona   44

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted

Hi,

Is he natualizing?

No, he said not anytime soon.

LPRs file a petition for their spouse and the children are derivatives under that petition......only one petition needed for the family

US citizens file a petition for each family member so if he files a petition for his wife and becomes a citizen the children will need their own petition.

Gotcha thank you for your help.

If your uncle naturalizes (becomes a US citizen), his daughter will not be eligible to receive a visa under his wife's petition (F2A category). A new and separate i130 must be filed for the child that would place her under the IR2/CR2 category.

If he retains his LPR status, his daughter will remain as a derivative of his wife's F2A petition.

What is their priority date?

Okay sicpnce hes going to retain his LPR status he would choose the number 1 option which is under his spouse petition right?

Beneficiary - Applying for CR1/IR1

2014:

Jan 30/31 - send our i-130 petition

Feb 03 - NOA1

March 03 - NOA2 our I-130 was approved

April 04 - NVC received our case from uscis

April 23 - Submit DS-261

April 24 - Received DS-261 and AOS BILL

April 29 - Received IV BILL & pay AOS BILL

May 03 - Pay IV BILL

May 10 - AOS Package delivered per mail tracking.

May 13 - AOS PACKAGE scanned in there system

May 16 - IV CIVIL DOCS delivered via FEDEX

May 22 - IV DOCS scanned in there systerm

June 18 - False checklist for IV DOCS

June 19- CASE COMPLETE via phone HOORAYY!! (Called on the 20th) NO CHECKLIST ???

( AOS FEE changed from PAID to N/A)

June 25- Received packet 4 email

July 9 - MEDICAL DONE & APPROVED!!!!!!

AUGUST 4 - INTERVIEW DATE!!!!!!!!! APPROVED!!!!

August 7- VISA ON HAND

August 13 - IMMIGRATION FEE PAID

SEPT 12 - LAX POE

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apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

No, he said not anytime soon.

Gotcha thank you for your help.

Okay sicpnce hes going to retain his LPR status he would choose the number 1 option which is under his spouse petition right?

Yes choose #1.

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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