Question on brothers petition.

[msev 0]

My brother who is under F3 has been notified of his immigration pre-processing.he was married prior to my mom who is a US Citizen petitioned him. He has since re-married and has a 17 yr old daughter. I asked him many years ago to conract the NVC to report his marraige and also the birth of their daughter. When he receives him immigrant visa, does that include his spouse and daughter and do they have to travel together to the US or does he come here without them and petition the, under F2a category? If they are included, is it possible for the wife and daughter to stay behind since she was to finish High School in the Philippines since she will be graduation next year and follow after?

[newacct 688]

They can be derivative beneficiaries; they do not have to be petitioned afterwards by him. They can come at the same time or later.

[NigeriaorBust 4,087]

When he first married was that before or after his mom became a US citizen ?

[msev 0]

He first married before my mom became a US citizen.

Edited July 28, 2015 by msev

[NigeriaorBust 4,087]

If he married after the petition was filed and before your mother was a USC then the petition is dead. If he was divorced before she filed then he is ok.