Follow to join?

[C&AH 104]

Hello friends. My wife has three kids, ages 3, 16, and 18. Because of the cost and some potential custody issues, we decided to file for her first. (The two fathers abaondoned the kids at early ages and are in countries outside  her home country; we might end up having to get a lawyer but that is another thread for another time. We indicated on the I-130 that her kids would follow to join later, meaning that we will file for them after she gets here. She plans to work and help pay those expenses. Her mother will care for the kids until we can get them here. 

 

We are at the NVC stage. Should we indicate anything about our plans on a cover letter or leave it to the interview? Do you see this as a potential problem for us? She is obviously not abandoning her kids in any form whatsoever. She is a great mom. It is the best and only way for us at the moment. As soon as she gets here, we plan to immediately start petitions for them as I want them here too.

Edited August 4, 2018 by C&AH

[aleful 1,905]

hi

 

if you are a USC, there is no follow to join, you have to file a separate petition for each of her children, I hope you married your wife before her daughter turned 18 or you won't be able to file for her as her stepdad

 

follow to join is when a child is a derivative of a beneficiary, they aren't derivatives, as a USC you file a separate petition for each of them, each case will take over a year

 

 

[Abies 1,713]

2 hours ago, C&AH said:

Hello friends. My wife has three kids, ages 3, 16, and 18. Because of the cost and some potential custody issues, we decided to file for her first. (The two fathers abaondoned the kids at early ages and are in countries outside  her home country; we might end up having to get a lawyer but that is another thread for another time. We indicated on the I-130 that her kids would follow to join later, meaning that we will file for them after she gets here. She plans to work and help pay those expenses. Her mother will care for the kids until we can get them here. 

 

We are at the NVC stage. Should we indicate anything about our plans on a cover letter or leave it to the interview? Do you see this as a potential problem for us? She is obviously not abandoning her kids in any form whatsoever. She is a great mom. It is the best and only way for us at the moment. As soon as she gets here, we plan to immediately start petitions for them as I want them here too.

Separate petitions(IR2)should be filed whenever you both are ready to do so.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[C&AH 104]

52 minutes ago, aleful said:

hi

 

if you are a USC, there is no follow to join, you have to file a separate petition for each of her children, I hope you married your wife before her daughter turned 18 or you won't be able to file for her as her stepdad

 

follow to join is when a child is a derivative of a beneficiary, they aren't derivatives, as a USC you file a separate petition for each of them, each case will take over a year

 

 

Thanks for the clarification on the meaning of "follow to join" and separate filing. Yes, we are aware and prepared for it to take a year. I was just asking if it might affect our case by her coming alone at first. I'm thinking it is a common practice, though I'm not certain.

 

The son was 17 when we were married. He doesn't turn 18 until this coming September (I put 18 in the post because that will be his age when the interview comes).  So, I will be able to petition for him when we are ready to do so, correct?

Edited August 4, 2018 by C&AH

[aleful 1,905]

hi

 

yes, as long as she was under 18 when you married

 

 

[pushbrk 12,888]

20 hours ago, C&AH said:

Thanks for the clarification on the meaning of "follow to join" and separate filing. Yes, we are aware and prepared for it to take a year. I was just asking if it might affect our case by her coming alone at first. I'm thinking it is a common practice, though I'm not certain.

 

The son was 17 when we were married. He doesn't turn 18 until this coming September (I put 18 in the post because that will be his age when the interview comes).  So, I will be able to petition for him when we are ready to do so, correct?

Yes, it is fairly common.  No need to mention it until it comes up in the interview.  Then, she can explain your plan.