Derivative children to follow at later time

[jywee 0]

 

 

Hello. I would like to know the opinion of others as im not familiar with the policy on petition. Currently, I have an ongoing petition from my father. Im still single but I have a son now but im not yet married. I know I could bring my son at the same time as a derivative to the US. My concern is this. I want to include my son on the petition by my father but I don’t want my son to go the US at the same time with me because I want him to finish his studies here first before going to US and because I also want to settle first and get a job before bringing him to the US. May I know the options that I can choose. Like, can my son come with me at the same time then he will go home again after he got his green card and continue his studies here in Philippines? Or, I will process his visa at the same time as mine but he will just follow me after a year to the US?

 

[Greenbaum 12,259]

May we know the age of your son.

[jywee 0]

He's 7 yrs old sir.

[Jojo92122 1,924]

Your son's derivative visa will expire at the same time as yours and it can not be extended.  He can not follow you after a year.  He only has until his visa expiration to use it.

 

A green card holder who is outside the US for over 1 year risks losing the green card.  

 

Have your son immigrate with you at the same time.  Get a Re-Entry Permit for him.  He can then return to the PH for up to two years.

[Greenbaum 12,259]

When my wife was coming to the US she and I talked about school and the possibility that he may finish in the Philippines. We decided against it as he is close to his mom and the schools here well except him and with a little testing they will place him in the right grade level.  I say avoid the "mess" of him going back and forth. My son was 9 at the time and he had a very well rounded transfer and he is a honor roll student all these years. His now 15 and going to High School and he is just like any other kid. Has to have the right haircut, the shoes the clothes etc. He is going to be just like any other teenager.  I say bring your son here and he will be fine.

[Hank_ 9,174]

16 hours ago, jywee said:

 

 

Hello. I would like to know the opinion of others as im not familiar with the policy on petition. Currently, I have an ongoing petition from my father. Im still single but I have a son now but im not yet married. I know I could bring my son at the same time as a derivative to the US. My concern is this. I want to include my son on the petition by my father but I don’t want my son to go the US at the same time with me because I want him to finish his studies here first before going to US and because I also want to settle first and get a job before bringing him to the US. May I know the options that I can choose. Like, can my son come with me at the same time then he will go home again after he got his green card and continue his studies here in Philippines? Or, I will process his visa at the same time as mine but he will just follow me after a year to the US?

 

Is your father a USC? 

 

Your father already filed your I-130 petition?

 

If the beneficiary qualifies under Items 1.C., 1.D., or 1.E. above, you are not required to file separate petitions for the beneficiary’s spouse or unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition.

 

Here is a copy of the I-130 instructions with a list of who can file and who they can file for and who they can not.

 

https://www.uscis.gov/system/files_force/files/form/i-130instr.pdf

 

Doubt you could delay his visa IF you could get him processed as a derivative. 

 

Being you want him to finish his studies why not keep it simple?  YOU file for your son, as an LPR you can do this.

Edited June 6, 2017 by Hank_

[jywee 0]

Yes my dad was a USCitizen. He filed I-130 at 2007. I dont have a son back then so my status back was still single and no child. Fast forward to year 2017, i already got an email that it's on process now and need to follow the steps 1-6. My question now is since on my dad's original petition i dont have a child, how will i report that i have a son now but im not married so that my child will be considered as derivative? Will i just wait for the step 3 which is the visa application form to declare that i have a child now or may i know what step where i can declare my child? 

[Hank_ 9,174]

Don't know.   Without being petitioned don't see how a person would be able to apply for an immigrant visa at the embassy.

 

Son may be a derivative, but wasn't listed on the petition.

 

If the beneficiary qualifies under Items 1.C., 1.D., or 1.E. above, you are not required to file separate petitions for the beneficiary’s spouse or unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition.

[Jojo92122 1,924]

If your case is at the NVC, then contact the NVC and provide a copy of your son's birth certificate listing you as the father with an English translation.  In your cover letter, request adding your son to your case, provide your NVC case number, and provide the following info for both the petitioner (your dad)  and beneficiary (you); name, address, and birthdate.

[Hank_ 9,174]

If that is possible, wouldn't the petitioner (father) have to request this, after he is the one that filed.

[Jojo92122 1,924]

8 hours ago, Hank_ said:

If that is possible, wouldn't the petitioner (father) have to request this, after he is the one that filed.

The child qualifies as a derivative beneficiary.  The father's case is ongoing, so he can can his child born after the I-130 was filed.  All the father needs to do is add his child to his case by informing the NVC.

 

If the father had already immigrated, then he would need to file a new petition.   This is not the case here.

[Hank_ 9,174]

I understand the child qualifies as a derivative, that isn't the question.   i had never heard of a beneficiary being able to add a person to an existing I-130 petition.  Enlighten me.    Do you have a link to this information from USCIS or NVC? 

 

 

 

I posted what USCIS states, and they state the derivative is to be listed in part 4 of the I-130

[Jojo92122 1,924]

15 minutes ago, Hank_ said:

I understand the child qualifies as a derivative, that isn't the question.   i had never heard of a beneficiary being able to add a person to an existing I-130 petition.  Enlighten me.    Do you have a link to this information from USCIS or NVC? 

 

 

 

I posted what USCIS states, and they state the derivative is to be listed in part 4 of the I-130

Google NVC adding derivative.  I've done it.  Many people on VJ have done this.

[Hank_ 9,174]

Thanks. 

 

Do appreciate the info.

 

Here is what I found on the DOS website, it appears this addition can be done right at the consulate:

 

Can my children also receive immigrant visas, even if they were not originally part of the case? - If the immigrant visa category in which you are applying includes derivative children, your qualified unmarried children under the age of 21 may be added as derivative applicants after your interview has been scheduled. Contact the U.S. Embassy or Consulate for specific instructions. At the interview, the additional applicant(s) will be required to pay the same fees and submit the same forms and supporting documents as you.

 

 

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

[jywee 0]

Thank you for guiding me on this process. I already paid all the fees and submitted DS-260. I also declared my son on the affidavit of support form or I-864. I will be submitting my civil and financial documents with the I-864. I have another question, do i need to include my CENOMAR or Certificate of no marriage with the documents that im about to mail to the NVC? I know someone same with my case that they have a letter telling to bring CENOMAR on the interview only. Which one is the correct process? Submit with documents or bring it on interview?

 

Thanks.