Can mother be denied and children be approved of a visa?

[redstarx 0]

Hello,

My mother's husband has patitioned for my mother, my brother and myself and I am wondering if my mother cannot attend the inteview (or gets her visa denied), will that automatically disqualify my bother and me? my mother's husband is not our biological father so I'd like to know how that can affect our interview.

Thank you.

[Pinkrlion 2,724]

Your question is confusing. What kind of petition was filed? Are you qualifying based upon marriage? Also, it is based upon your ages, etc....

Edited January 4, 2015 by Pinkrlion

[NikLR 13,232]

Is your step father a USC or LPR?

[aleful 1,905]

ditto

we need more information, were the petitions filed separately? is your stepfather a USC or LPR? how old are both of you?

[redstarx 0]

Excuse the little informatino I provided before but I didn't know where to start.

1. To my knowledge, he is a LPR. (I don't know if he has changed his status to USC, I'm sorry)

2. My bother is 14 and I just turned 21, the interview is in 10 days. I was 20 years old when the petition was filed.

3. I don't believe it was filed separately since the interview document we received has only one case case number but it includes a sheet for each of us with our name on it on each, yet the same NCV case number.

4. I don't know what type of petition was filed and I can't get that information today.

Please ask any necessary questions, I really need to know what would happen if she can't make it.

Thank you again.

[NikLR 13,232]

~~moved to bringing family of LPR to the USA from IR1/CR1 process and procedures~~

[aleful 1,905]

hi

then yes, because both of you are her derivatives, under the same petition

if you had been filed separately, then each of you would be taken individually, but since you are under your mom's petition as derivatives, if something happens to her, then something happens to you. why wouldn't she show up, since the 3 of you will go together at the interview?

now, did he marry your mother before you were 18? because if they didn't he wasn't qualified to file for you in the first place

stepparents can only file for stepchildren if the marriage took place before the child's 18th birthday, and if so, why didn't he file as soon as they got married when you were 17? if he filed for you 18 and after, then the petition isn't valid, since he wasn't qualified to file a petition on your behalf

[apple21 953]

Your mom is the principal applicant of the petition. If she's a no show at the interview regardless of reason, no visa for everyone. Simple as that.