Bringing my children and spouse

[Calisya 0]

I have got my DV visa on Sept 18. I did not get the visa for my spouse and children because at the begining the plan was that they will be joining me to the US later. However due to a better circumstance I want to bring them together with me. They have not got their visa and now that the deadline for getting DV visa has expired....what should I do? Need advice. Thank you

[Ian H. 207]

Were they included in your original application? Because I happen to understand that if they weren't included you would be disqualified. If they were included and they didn't apply for visas, it may be too late.

I was reading that you only have until September 30 to get the visa. If that's true, you would need to wait until you enter the US as an LPR and petition for them under F2A category, which will take 2 to 3 years to receive a visa. I'm hoping I'm wrong, I know little about how the DV process works, I just looked it up on the DoS website. Hopefully someone who knows for sure can confirm. Good luck.

[Ian H. 207]

Also, you didn't mention what fiscal year your DV visa is for. If it's for 2014, then it looks like you missed the deadline. If it's for 2015, then it's until September of next year.

Edited October 12, 2014 by Ian H.

[SusieQQQ 11,587]

If he got his visa in September then he was DV2014, and his family can no longer receive a DV visa. It's a pity he did it this way, because DV derivative visas are much easier, faster and cheaper, but what's done is done. Now indeed the only way to do it is F2A family petition, once he has entered the US and become an LPR. He cannot take them with him when he enters - as they will be unlikely to get visitor visas under the circumstances and even if they do they cannot stay indefinitely on them.

All of this does assume they were listed on the original entry of course.

Edited October 12, 2014 by SusieQQQ

[milimelo 4,541]

There are reports of people (2 parents, 2 children) only receiving two visas for parents.

OP, you'll have to file I-130 for spouse and include children - will be F2A category and there is wait time involved.

[guys 24]

I have got my DV visa on Sept 18. I did not get the visa for my spouse and children because at the begining the plan was that they will be joining me to the US later. However due to a better circumstance I want to bring them together with me. They have not got their visa and now that the deadline for getting DV visa has expired....what should I do? Need advice. Thank you

any way congratulation, you got the visa,

and just few a question if u dont mind,

so, when u attended the interview ur wife and ur children are coming with u to the embassy ?

i guess, ur case is similar with me, i also declared for spouse and children will join later,

my interview will be on Wednesday,

wish me luck

[Calisya 0]

They are included in my dv application. I didn't know that deadline also for all the derivative beneficiary. I thought as long as the principal applicant has got the visa then the rest of the family could apply for it on a later date. It was my fault. Has any one understand how does the I-824 works? Thks for the info

[milimelo 4,541]

They are included in my dv application. I didn't know that deadline also for all the derivative beneficiary. I thought as long as the principal applicant has got the visa then the rest of the family could apply for it on a later date. It was my fault. Has any one understand how does the I-824 works? Thks for the info

I-824 doesn't apply as you currently don't have a petition (approved or not) in yet.

Once you activate your immigrant visa, file I-130 for your spouse, include children and start working on establishing yourself in the US. Family won't come for another 18+ months.

Sorry, but each and every year Department of State is very clear on what happens if entire family doesn't interview together:

I would like my spouse and/or children to follow me to the United States after I immigrate. Can they do that? - Yes, but remember that all diversity visas for a fiscal year must be issued by September 30. Available visas for some countries and regions may be used up prior to that date. If your spouse and children delay obtaining their visas, they may lose their opportunity to immigrate on the basis of their DV applications. If this happens, you will need to file a petition to bring your family to the United States at a later date. If they do not obtain diversity visas prior to September 30, your spouse and/or children may have to wait several years to join you.

Edited October 12, 2014 by milimelo

[SusieQQQ 11,587]

There are reports of people (2 parents, 2 children) only receiving two visas for parents.

OP, you'll have to file I-130 for spouse and include children - will be F2A category and there is wait time involved.

I've only seen one report like that but OP said it was because he wanted them to join later, not because they ran out of visas.

And yes milimelo is correct, it is both in the original instructions and the instructiond for selectees that all visas must be issued by FY end. There really is no excuse for people not to know, sorry if this sounds harsh, but it is something made very clear and that you should have checked on in any case if thinking to do it like this.

Just in general for other people thinking of doing this (family to join later):

- remember that with a DV visa you can push the final date to move to the US to around 18 months after interview. 6 month to visa expiry to activate then another year to move properly. Cost: $330 Dv fee plus extra airfare (plus USCIS and medical fees, but those both have to get paid no matter what type of visa). If circumstances change for the better like they have with the OP, then you just send for the family sooner.

- if you leave family to come later: you have to enter as an LPR and from what I understand you need to show that you can support your family before you can file a petition for them, so you first need to find a job which means you may have to wait a while before you can file in addition to the normal wait for F2A. Then there is the added cost of filing, I am not sure of all the filing and visa fees for F2A but I know it is significantly more than the $330 DV fee. Then you have lost control completeiy over the timeframe as well and are up to the mercy of USCIS and waiting times.

In short unless you are planning to be in the US for a really long time before sending for your family (18 months or more) I cannot see any sense in not doing DV for them but going through F2A. It's longer, more complicated and more expensive.

Edited October 12, 2014 by SusieQQQ

[Ian H. 207]

Despite the wait, it might actually be a bit better this way because at least you can establish yourself in the country first and your family doesn't have to be uprooted all at once.

One positive thing about F2A is that your spouse and children can be included in one petition and you might be able to better establish financial support because by the time they get here you may very well have a job that puts you above the poverty level.

When several people come at the same time it places a greater burden on the family from what I have personally seen and experienced. Anyway, I hope all goes well and good luck.

[Ian H. 207]

Hi,

He doesn't have to prove financial support in order to file a petition. Financial support is needed at the NVC stage. So he can and should petition them as soon as he sets foot in the US.

As for the expense, it's really not that much more. Only the $420 filing fee. Under DV they still have to pay visa fees each, they need civil docs and medical each, that's about the only caveat I can think of besides the wait.

if you leave family to come later: you have to enter as an LPR and from what I understand you need to show that you can support your family before you can file a petition for them, so you first need to find a job which means you may have to wait a while before you can file in addition to the normal wait for F2A.

In short unless you are planning to be in the US for a really long time before sending for your family (18 months or more) I cannot see any sense in not doing DV for them but going through F2A. It's longer, more complicated and more expensive.

The AOS fee at the NVC, that's another expense I just remembered.

[SusieQQQ 11,587]

Lol. VJ full of people complaining about families being kept apart and now we're told it's a good thing?!

I am slightly confused about the statement that "maybe" will have a job above the poverty line before the family comes. Do I misunderstand, because I thought that was a pre-requisite for sponsoring family members to join you anyway? Even if that is "at NVC stage", it is still before they come.

Anyway apart from the fact that I would prefer my spouse and family with me, surely having both spouses in the US also means both can start working and earning actual $$ if necessary...?

Whatever the specifics, I think it's hard to argue that it is not more difficult and expensive than DV and that you have lost control over timelines. As I said before, with DV the family don't have to come immediately either. I don't see anything in your arguments that tells me this is a better way than doing it on DV. I realise this is too late for the OP but maybe others contemplating the same thing with think twice about how they do it.

Edited October 12, 2014 by SusieQQQ

[Ian H. 207]

Nobody was arguing with you. The post that I made about the wait, I was writing while you posted yours. Of course it's not a good thing that they be apart and I wasn't even remotely saying that. I was trying to let the OP look at the bright side given his situation and that he may be able to establish himself in the country during this time and prepare the way for his family.

As for the financial support, where exactly on the I-130 do they require proof of financial support? They will require this at the NVC stage, which will be about 2 years from when he enters the US. It is not a prerequisite if they don't require it at the time the petition is filed. A prerequisite would be being married for example, because you can't petition a spouse before you are actually married.

Like I said, I wasn't remotely suggesting that this way is better, only trying to let the OP look at the bright side given the situation he's already in and can't change. Of course it would have been much more effective and less expensive to get approved via DV, but it's already too late for that. So I only have to inform the OP of what he should do now vs. judging him about how he should have done it.

[SusieQQQ 11,587]

I wasn't judging ... There is already another person in this thread looking at doing the same thing, which is why I was trying to explain why it is not the best route.

And you're right, I have no idea what is in the I130. Having done everything via DV, I have never had to hassle with any of that. However as you said at NVC stage he needs to show finances, that is a bigger burden than he would need to do now. And two years, with no way of speeding it up. That is the real shame and hopefully what others can avoid.

Edited October 12, 2014 by SusieQQQ

[Calisya 0]

What about follow-to-join benefit? Can I use that? My plan is to go to the US by myself. After I got my greencard I will return to Indonesia and will try to use the follow to join benefit if I could. Btw.. I am a she.:-)