What is a minor under the american embassy’s?

[Xolily 0]

I have a cousin that started her own procedure from the Dominican Republic. She has lived here before under a work visa and her husband was just accepted for the US residence. They’re not being petitioned for by anyone else. They started this process themselves out of the Dominican Republic. They have 3 kids but to my understanding I told her 18 is not underage but she said that under then american counsulate that under 21 is underage. This is news to me and I’m hoping someone could shed some light into this. 

 

Another minor problem is that the person that did their paper work in the Dominican Republic told them that it’s best that they don’t do their petitions together. Being a third world country this could be just because they want to make more money out of them. So basically their kids are not in either one of their applications and only one of their kids is under 18 which goes back to my first question. So was this the best strategy that they took doing each petition separate and then petitioning for their kids later on? Is under 21 a minor by american counsulates eyes? And can she still add her kids to her petition which is under USCIS hands at the moment?

[Boiler 46,121]

Sounds very odd, on what basis are they immigrating?

[SusieQQQ 11,587]

The specifics of all this aside, yes a “child” is defined as under 21 on immigration rules. There is some protection for those who turn 21 during the process. 

 

On the case itself - if they’re not being petitIoned by anyone else, what basis is it on? Investment visa category? (But why would they have a local consultant working on it rather than the US investment entity?) the only other self-petitioning visa I can think of is diversity visa, but you have to include children on the application form and anyway DR is ineligible (unless husband was born somewhere eligible). As boiler  said, sounds odd.

Edited September 6, 2018 by SusieQQQ

[CEE53147 559]

OP,  Have them post on the forum.  What you are posting does not make sense so it it better to get the entire story from one of them.

 

If a work visa was involved, that person should be capable of posting.

Edited September 7, 2018 by CEE53147

[SusieQQQ 11,587]

1 hour ago, CEE53147 said:

OP,  Have them post on the forum.  What you are posting does not make sense so it it better to get the entire story from one of them.

 

If a work visa was involved, that person should be capable of posting.

Oh, I just realized it’s a brand new poster whose only post is on behalf of her cousin. 

 

Right.... 

 

[Xolily 0]

14 hours ago, CEE53147 said:

OP,  Have them post on the forum.  What you are posting does not make sense so it it better to get the entire story from one of them.

 

If a work visa was involved, that person should be capable of posting.

So they don’t speak English. They filed an i130. They live in the Dominican Republic. They were suggested to apply(petition) for their green card separately (even though they’re married). They were also told not to include their children. Her husbands green card was approved at the counsulate last week. Her petition is still in the hands of USCIS. Not even the Nvc yet. What she was wondering was whether she was still on time to add her kids on her petition. What is it that’s confusing about that?

Edited September 7, 2018 by Xolily

[SusieQQQ 11,587]

23 minutes ago, Xolily said:

So they don’t speak English. They filed an i130. They live in the Dominican Republic. They were suggested to apply(petition) for their green card separately (even though they’re married). They were also told not to include their children. Her husbands green card was approved at the counsulate last week. Her petition is still in the hands of USCIS. Not even the Nvc yet. What she was wondering was whether she was still on time to add her kids on her petition. What is it that’s confusing about that?

On what basis was the I130 filed? You said in the first post they’re not being petitIoned by anyone else but an I130 is for petitioning a relative?

 

everything is confusing about this to me, why weren’t the family added as derivatives?

How old are the kids exactly?

Edited September 7, 2018 by SusieQQQ

[Boiler 46,121]

None the wiser, you have to have a basis to file an I 130, what was it?

[Crazy Cat 42,320]

On 9/6/2018 at 9:07 AM, Xolily said:

They’re not being petitioned for by anyone else. They started this process themselves out of the Dominican Republic.

Sorry, but that doesn't make any sense.  People can't just petition themselves for a Green Card..........

[p-ana 933]

2 hours ago, Xolily said:

So they don’t speak English. They filed an i130. They live in the Dominican Republic. They were suggested to apply(petition) for their green card separately (even though they’re married). They were also told not to include their children. Her husbands green card was approved at the counsulate last week. Her petition is still in the hands of USCIS. Not even the Nvc yet. What she was wondering was whether she was still on time to add her kids on her petition. What is it that’s confusing about that?

Is the husband inside the US? He wouldn’t get a green card while outside. 

Everyhting about this sounds very odd and it’s not adding up.

[SusieQQQ 11,587]

I agree it sounds odd, it almost sounds like the husband is being petitIoned by someone else and doesn’t want his family to go with him. That would be very sad if that were the case.

 

Re green card - i’m assuming that they mean he got his immigrant visa, a lot of people interchange the terms even though you don’t technically get a green card till you land.

[Boiler 46,121]

13 minutes ago, SusieQQQ said:

I agree it sounds odd, it almost sounds like the husband is being petitIoned by someone else and doesn’t want his family to go with him. That would be very sad if that were the case.

 

Re green card - i’m assuming that they mean he got his immigrant visa, a lot of people interchange the terms even though you don’t technically get a green card till you land.

Actually I have seen that a few times, somebody petitioned for who had a family at home but usually was not legally married,