Derivatives beneficiaries

[Kwab 0]

Hi everyone, my wife has a scheduled interview with the consulate but my children, 1year and 3years were not originally part of the case. I read on travel.state.gov that my children can attend the interview with my wife for immigrant visas. Please what is the procedure and necessary documentation I can submit to make this a success. I’m a US citizen and I have already contacted the  embassy but they couldn’t give any specifics 

Edited June 22, 2019 by Kwab

[aleful 1,905]

hi

 

you didn't qualify to give them automatic citizenship? through CRBA? Are you sure they're not already USC?

r'r

 

if not, then you needed to file a separate petitions for each of them

 

there are no derivatives on spouse's of US Citizens,  they were never part of your wife's petition. you needed to file for the 3 year old at the same time if they didn't qualify for CRBA 

 

find out if they aren't already USC

 

 

 

 

[Kwab 0]

3 minutes ago, aleful said:

hi

 

you didn't qualify to give them automatic citizenship? through CRBA? Are you sure they're not already USC?

r'r

 

if not, then you needed to file a separate petitions for each of them

 

there are no derivatives on spouse's of US Citizens,  they were never part of your wife's petition. you needed to file for the 3 year old at the same time if they didn't qualify for CRBA 

 

find out if they aren't already USC

 

 

 

 

Thank you very much Aleful, I already made inquiries about them being USC . What happened was , I had my second child 2months before I naturalized but I had already been in the US for continuous 5years stay. I had my first child when I was still a permanent resident. 

Im not sure if they will qualify for CRBA. 

But concerning the derivative beneficiaries, USCIS specifically stated that my children qualify to receive visas. I’m trying to find out the process and documentation needed to do that. 

Thank you once again for answering, further suggestions will be greatly appreciated.

[aleful 1,905]

not for that category, there are no derivatives for immediate relative categories

 

if you still had been a resident, then yes, your child would have been a derivative on your spouse's petition

 

once you became a USC. you have to file for children separately

 

 

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[aleful 1,905]

f you are the spouse or child of a U.S. citizen’s immediate relative, you must independently qualify for a Green Card and file your own application. You cannot qualify for a Green Card as the derivative beneficiary based on the immediate relative’s application.

[geowrian 22,338]

No derivatives for immediate relative (i.e. spouse of a USC) petitions.

The children may qualify for a visa, but they need an underlying petition. The one for your spouse won't work for them.

[Boiler 46,336]

You need to petition your children the same way you did your spouse.

[Just Paul 4,595]

Any reason you didn't petition your children?  I don't see how the timing will allow you to bring her and them together.  

[NikLR 13,232]

3 minutes ago, Paul & Mary said:

Any reason you didn't petition your children?  I don't see how the timing will allow you to bring her and them together.  

As an LPR when the OP sent the original petition, the children were derivatives of that petition.

Really at that point it's beneficial to not become a USC. 

[dwheels76 5,477]

16 hours ago, Kwab said:

Hi everyone, my wife has a scheduled interview with the consulate but my children, 1year and 3years were not originally part of the case. I read on travel.state.gov that my children can attend the interview with my wife for immigrant visas. Please what is the procedure and necessary documentation I can submit to make this a success. I’m a US citizen and I have already contacted the  embassy but they couldn’t give any specifics 

Unfortunately you made the big mistake and upgraded. Now you have to file two separate petitions I would file asap but it will still take tie. You can try to expedite through USCIS then again at NVC but you are looking at a 12 to 15 month wait to get your children here.