Question- bringing spouse and kids with IR5 (merged)

[mshussain1920 1]

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/interview/applicant_interview.html

My spouse and/or children were going to follow me to the United States after I immigrate. Can they accompany me instead? - Yes, you may change your spouse’s and/or children's status from follow-to-join to accompanying by directly contacting the U.S. Embassy or Consulate where your interview is scheduled. This may be done prior to your immigrant visa interview, and additional forms and documents may need to be provided.

does this apply to my case? IR5? (I am being petitioned by my daughter who's a US Citizen.??

[EM_Vandaveer 2,417]

No derivatives for Immediate Relative petitions.

[aleful 1,905]

hi

no, that is a general statement, but it depends on the type of petition really

there are no derivatives on parents petitions, each parent has a separate petition, she can file for you because you are her biological dad

now if your wife is her stepmom, in order to file for her, the marriage should have taken place before she was 18, that's the only way children can file for stepparents

if it is her mom, then she files for each of you separately

if you have children, especially under 21, it is best for you to file for them once you are here, if she were to file for sibling, the wait is over 12 years

as said there are no derivatives in parents petitions and your child can't come with you

[mshussain1920 1]

After I enter the US on Immigrant Visa, I would like o petition my wife and kids. One child is 16 years old. The others are 18, 20, and 26. Do I need to file a separate petition for each eligible person or can I just file one petitions for all? or Do all older adults (above the age 18 needs to be petitioned individually?) please specify which one or what other options do I have. Your help is appreciated.

[aleful 1,905]

hi

the 16 and 18 year old would be derivatives on your wife's petition

who filed for you that your family, wife and children under 21 couldn't come with you?

the others will need to be filed separately

[RICARDO4EVA2 194]

After I enter the US on Immigrant Visa, I would like o petition my wife and kids. One child is 16 years old. The others are 18, 20, and 26. Do I need to file a separate petition for each eligible person or can I just file one petitions for all? or Do all older adults (above the age 18 needs to be petitioned individually?) please specify which one or what other options do I have. Your help is appreciated.

did you get immigrant status through an adult child?

[JFH 12,191]

Is your wife not the mother of the daughter who is petitioning you?

If not, you will be petitioning for her as an LPR and spouses of LPRs have a processing time of around 2 years.

It is around 6 or 7 years for adult children (unmarried) of LPRs and they must remain unmarried throughout the whole time. So the 26-year-old will not be able to marry until s/he is around 33 or so.

[Boiler 46,125]

Sounds like a parent being petitioned by a child, so a wait.

[mshussain1920 1]

Have visa stamped on passport. What are the ways I can take my spouse and unmarried children with me or do I have to go to USA and than petition for all of them. ( I got visa thru IR5, parent of us citizen)

Edited December 11, 2016 by mshussain1920

[EM_Vandaveer 2,417]

You got your immigrant visa through an immediate relative of USC petition therefore no derivatives are allowed.

You have to file for them once you get to the US.

Edited December 11, 2016 by EM_Vandaveer

[aleful 1,905]

hi

ditto,

once you are here you will file for them, they can't go with you

[JFH 12,191]

You asked this last week. The answer has not changed.

http://www.visajourney.com/forums/topic/618676-question/#entry8401292

[Penguin_ie 5,996]

***** three threads on the same issue merged. Do not post more than once on the same question/ problem ******