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portorusa Rising Star

portorusa   431

Posted
Filed: AOS (pnd) Country: France
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Posted

I am a USC who petitioned for my sister back in 2010. Even though my sister was (still is) married I did not include her husband in the petition. I did include her little daughter (my niece) though.

Questions: 1) When their visa number becomes current, can her husband be added as my sister’s beneficiary?

2) When their visa number becomes current and sister decides not to proceed (changes her mind for not to immigrate), can her daughter still proceed and immigrate on her own, without mother?

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Boiler Grand Master

Boiler   45,553

Posted
Filed: K-1 Visa Country: Wales
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Posted

Yes 

 

You could fudge it.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

Yes husband can be added later. 
 

No, the daughter cannot immigrate without the mother. The mother is the principal beneficiary and the others only derivatives. They cannot get visas without her getting one, and they can only enter the US on their immigrant visas with or after her. So she’d (mother) have to go through the whole process (and then give up her green card if she doesn’t want it) if she wants the daughter (presumably still unmarried and under 21) to get one. 

Edited by SusieQQQ
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Unlockable Mentor

Unlockable   7,314

Posted
Filed: Citizen (pnd) Country: Dominican Republic
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Posted
1 hour ago, portorusa said:

I am a USC who petitioned for my sister back in 2010. Even though my sister was (still is) married I did not include her husband in the petition. I did include her little daughter (my niece) though.

Questions: 1) When their visa number becomes current, can her husband be added as my sister’s beneficiary?

2) When their visa number becomes current and sister decides not to proceed (changes her mind for not to immigrate), can her daughter still proceed and immigrate on her own, without mother?

1. Yes, husband can be added.

2. Absolutely not. You can't cherry pick who gets to come. If it wasn't for the mother being petitioned, her daughter (your niece) wouldn't have an option to immigrate so you can't cut her mother out. Her mother is the main connection that allows her to immigrate. If your sister-in-law decides not to proceed, then that will be that.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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TBoneTX Grand Master

TBoneTX   45,328

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Filed: Citizen (apr) Country: Ecuador
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Posted

A post potentially advocating fraud has been removed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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