Category F1 visa finally approved, but beneficiary now has children

[Alextvz 0]

Hello,

I am asking this question on behalf of my brother who lives in Mexico. First let me explain his case. 

My father applied for Family Based visas for me and my family on 1995 while he was a Permanent Resident Alien. After many years waiting, we were approved and called the interviews at CIUDAD JUAREZ, MEXICO.The only problem was that my older brother was already 21 years old when we received the appointments. We emigrated and my brother was placed on the F2B Category. My brother always remained in Mexico. Then, My father was told that in order to make this process faster he would need to become U.S. Citizen, which he did and my brother was transferred to the F1 category status. Now, today, after all this years waiting we receive this letter informing us to Submit the visa Application form thru http://nvc.state.gov and to provide all the financial and supporting documents. 

Anyways, the issue here is that while waiting for his Visa Approval my brother had Children, all of them under 10 years old. Also, he never got married to the mother of his Children. So, some of my questions are. Does he needs to include his Children on the DS-260 online Application? Is this issue going to implicate more problems than benefits? Can the Children fall under the derivative category? 

I am attaching the email letter we received, plus what the ceac Summary Screen looks like the so far. 


Thank you 

[jamaicankim 89]

your brother should of notify nvc about the births of his children so they can be added to the petition. he can still do so by emailing nvc their birth certificates.your father will then have to make sure his aos can sponsor all of them or he can get a joint sponsor. each child will have to pay the $325 fee. yes he will need to add them to the ds260 form. no problem at all but may be delay due to adding all the children.

[aleful 1,905]

exactly

 

he will have some delays now, he should have notified NVC of the births sooner so all the paperwork for your brother and his children would come at the same time

 

so now he has to notify nvc that he has children and then them sending the requests for the paperwork,

 

he should do that immediately

 

 

[jamaicankim 89]

that is what i actually did as soon as i got my daughters birth certificate i notify them. i didnt want any delays with it and when i got on to ceac i saw her name there. 

 he also need to get  their passport so he can get their bio-metric page 

Edited June 20, 2017 by jamaicankim

[Alextvz 0]

Thank you for answering so fast guys. Honestly, at this point, and after waiting that many years, waiting little bit longer is not a problem. It is good to know that the fact that he has children is not going to be disqualification cause.  Thanks jamaicankim for telling me about  the fees and sponsor income increases that are going to be needed.  Hopefully with my income as a State worker and my sister as a member of the Navy we can backup my father as joint sponsors because my brother has three kids 

[Boiler 46,132]

What does the Mother think of the children immigrating?

[Alextvz 0]

Actually, that is something I was  thinking about while coming back from work. Is my brother Obligated to immigrate his children? Or just informing the nvc about the kids without applying for them is ok

[Boiler 46,132]

He needs to declare them, but of course not, might not even be possible to do so, I assume the Mother may have a different view.

[Alextvz 0]

Ah ok, that is really good to know that he only needs to add them on the DS-260 as his children, but is not obligated to include them in the immigration petition. 

[aleful 1,905]

hi

 

it depends on what they want to do, we thought that they were immigrating with him,

 

if he isn't bringing his children, then he only has to write down his children's names as information on the ds260

 

 

[Tracy-->NY 40]

Once children are added to his DS260, he will also have to complete one for them, once fee is paid.