Follow to join

[triplerc 1]

Hello. My husband and i was a domestic partner for 16 years. Because of his petition case on 2002 we decided not to get married. Along the way we had a daughter and 2 sons. My in laws whos his petitioner declared our daughter and sons as his derivatives. Last 2014 my husband and i migrated in the US because of his petition. My 2 sons left with me because they are still young and i will be left behind but still they are his derivatives. And recently my husband came back here in the philippines and we got married and now they go back to the states again for them to petition us to be with them in the future. My concern is this does my 2 sons are still his derivatives? What goes with me as his spouse? I know he can petition us through f2a category but does derivatives status of my minor 2 sons can faster our chance to go to the US? Thanks for helping me out with my questions.

[Ontarkie 14,499]

~~Moved to Bringing Family Members or Permanent Residents, from Effects of Major Family Changes on Immigration Benefits~~

[aleful 1,905]

hi

if more than 1 year has passed, they can't come with follow to join from the old petition

they have to come within the year of your husband getting his GC

if not, he will file for you and your children will be your derivatives

[newacct 688]

The children were born before he became a permanent resident. As long as they haven't aged out (passed age 21 or so) and haven't married, the children qualify as his derivative beneficiaries and can follow to join at any time now or in the future, as long as a visa number is still available for his priority date for his category (which is almost certainly is, because it was available when he immigrated, so unless it retrogressed a lot, it is still available).

You became his spouse after he became a permanent resident. You do not qualify as his derivative beneficiary. He can only petition you as spouse of permanent resident in F2A category.

if more than 1 year has passed, they can't come with follow to join from the old petition

they have to come within the year of your husband getting his GC

There is no time limit to follow to join an immigrant visa.

[triplerc 1]

Last 2014 my husband and i migrated in the US because of his petition

[triplerc 1]

Last 2014 my husband and my daughter migrated in the US because of his petition* correction.

So there mught be a possibility that my sons of 11 and 10 might go to the US eaelier to me?

[aaron2020 11,651]

Last 2014 my husband and my daughter migrated in the US because of his petition* correction.

So there mught be a possibility that my sons of 11 and 10 might go to the US eaelier to me?

Hi,

Since it has been more than 1 year since your husband immigrated to the US, his children are no longer eligible derivatives on the petition his parent filed for him. Forget about the petition his parent filed since it has been closed.

When your husband files for you, the children becomes your derivatives. They can only enter the US at the same time as you or after you. They can not immigrate to the US before you.

Best of luck.

[newacct 688]

Hi,

Since it has been more than 1 year since your husband immigrated to the US, his children are no longer eligible derivatives on the petition his parent filed for him. Forget about the petition his parent filed since it has been closed.

NO. Not true. There is no time limit to follow to join an immigrant visa.

[aaron2020 11,651]

NO. Not true. There is no time limit to follow to join an immigrant visa.

Thank you for correcting my mistake.

Dad can reopen the case and the boys can immigrate this year or come as mom's derivatives. Easier to come as mom's derivatives.

[triplerc 1]

Thank you for correcting my mistake.

Dad can reopen the case and the boys can immigrate this year or come as mom's derivatives. Easier to come as mom's derivatives.

It takes how many years if my derivatives? I can't be their derivatives right?

[newacct 688]

It takes how many years if my derivatives? I can't be their derivatives right?

They would immigrate at the same time as you (or after) if they immigrate as your derivatives.