Visa refused for my wife and my boy with personal need

[Laulent 0]

Sorry l am self employed and have my health insurance through market place 

 

[Laulent 0]

1 hour ago, JFH said:

Is the child your biological child or your step child? 

Yes the boy is my biological son 

48 minutes ago, Cathi said:

You never answered whether or not you can obtain health insurance for you son through your employer. We really cannot give you any real advice until we get that answer

Sorry l am self employed and have my health insurance through market place 

[Laulent 0]

37 minutes ago, Cathi said:

Gotcha. Sorry, I misunderstood.

 

 

Ok thanks so much 

[Pinkrlion 2,719]

5 minutes ago, Laulent said:

Sorry l am self employed and have my health insurance through market place 

 

Then you have to prove that you can afford the care for your child in the US. You can get insurance for him through Marketplace. 

[Boiler 45,486]

Well both your son and wife can be added to your plan.

[Laulent 0]

Can l add therm when they still in overseas? I have try but they say is not possible without their SSN

 

[Boiler 45,486]

They do not need cover until they immigrate, SSN not needed but should be easy to provide details of cover you will get for them and its cost.

 

Have you looked into this?

[Laulent 0]

3 hours ago, designguy said:

How old is the child

7 years old 

[designguy 1,179]

50 minutes ago, Laulent said:

7 years old 

So you would bring your wife and  just leave your 7 year old child?

[igoyougoduke 1,656]

49 minutes ago, designguy said:

So you would bring your wife and  just leave your 7 year old child?

i dont think OP wants to leave the child. Considering he at the moment does not have his child & wife on the health insurance plan the consulate considered them as a health public charge issue. He can either get insurance for them and get them to immigrate or wait for naturalization and file for waiver 

[geowrian 22,337]

The child - assuming they will become a USC upon entry, should not be subject to the public charge inadmissibility anymore. That said, his wife would still be subject to it and the former does not change the situation for her.

 

Nothing was ever requested to actually obtain health insurance for them. They asked for an estimate of costs + insurance coverage.

 

6 hours ago, Laulent said:

And as the went to interview already l don’t need to file another I-130 for the boy

I am unaware of any such provision of the INA that permits this. I'm not particularly saying it does not exist...just that I am not aware of anything that says it does. I did look in the obvious spots and I checked the FAM but came up empty.

I think they may have (incorrectly) been referring to the "opt out" clause for CSPA for F2B. But that covers the case where the child is the beneficiary of an I-130 so they can preserve F2B instead of switching to F1. It does not cover derivatives or switching to the IR categories.

 

[geowrian 22,337]

To add to the above, re: the child qualifying under the mother's petition still...

 

See 9 FAM 502.1-2(D)(a)(1)(c), https://fam.state.gov/FAM/09FAM/09FAM050201.html#M502_1_2_D

Quote

Changes in Family or Relationship Status:  See 9 FAM 502.2-3(D) for additional information on automatic conversion of family preference petitions and 9 FAM 502.2 for additional information on family-based IV classifications.

(1)  Petitioner’s Naturalization (Family Second Preference Petition):

  (a)  In the event of the petitioner's naturalization after approval of a family second petition but before visa issuance, in accordance with Department of Homeland Security regulations (8 CFR 204.2(i)(3)), the petition is automatically converted as of the date of the petitioner’s naturalization to accord immediate relative (IR) status under INA 201(b) for the spouse (automatically converted from F21 to IR1) or child (automatically converted from F22 to IR2), or first preference status under INA 203(a)(1) for an unmarried son or daughter (automatically converted from F24 to F11).

  (b)  Proof of naturalization must be submitted to you when you consider the visa application and you must include it in the issued visa.  The petition need not be returned to USCIS for re-approval. If notification of the naturalization has been received from USCIS in the form of a letter, you must attach it to the petition.

  (c)  Automatic conversion of a petition is not authorized for an alien who is a derivative beneficiary (F23 or FX3) of a petition filed by a Lawful Permanent Resident (LPR) who subsequently becomes a U.S. citizen.  The principal beneficiary must file (and obtain USCIS approval of) a Form I-130, Petition for Alien Relative (family second preference) upon the principal’s admission to the United States before the derivative alien may be granted a visa.

A child of an F2B beneficiary falls under F23 (see the table just below the link above).

 

Also see 9 FAM 502.2-3(C)(c)(2): https://fam.state.gov/fam/09FAM/09FAM050202.html#M502_2_3_C

Quote

9 FAM 502.2-3(C)  Derivative Status for Spouse and Children (Family Preference Classification)

(CT:VISA-191;   09-28-2016)

...

c.  Filing Petitions for Derivative Aliens:  Careful attention should be paid to cases where a derivative beneficiary's immigration status is likely to change.

(1)  For instance, when a child turns 21, he or she is no longer considered a "child" under the INA.  The Child Status Protection Act (CSPA) may protect the derivative from “aging out” and losing the ability to derive status from the principal beneficiary of the petition.  (See 9 FAM 502.1-1(D) for guidance on CSPA calculations.)

(2)  Likewise, if the petitioner intends to become a U.S. citizen before his wife and children have immigrated to the United States, he should file separate immigrant visa petitions for any children who are currently deriving their immigration status through the mother.  That way, when the petitioner is naturalized, the petition according second preference status (F21) to his wife, as well as those petitions according second preference status (F22) to any children, will be converted automatically to accord the beneficiaries immediate relative status (IR1 or IR2).  If, however, the petitioner does not file separate petitions for his children before his naturalization, the children will lose their derivative status upon the father's naturalization, since the mother's status will automatically convert to IR1 and there is no derivative status for immediate relatives.  The father will then have to file new petitions on their behalf to accord them IR2 status.

and

Quote

9 FAM 502.2-3(D)  Automatic Conversion of Petitions (Family Preference Classifications)

...

c.  Second Preference Converts to Immediate Relative:  A second preference petition for the spouse of a lawful permanent resident (LPR) automatically converts to an immediate relative petition if the petitioner becomes a U.S. citizen.  However, derivative second preference status for the beneficiary's child(ren) does not convert, since there is no derivative status for immediate relative petitions.  The petitioner must file a separate petition for the child, if the child meets the definition of "child" as defined in 9 FAM 102.8-2(A).  The priority remains the same.

 

Edited December 30, 2019 by geowrian

[NikLR 13,227]

Your son needs his own I-130 now that you're naturalized. 

What is your yearly income?

[Laulent 0]

1 hour ago, NikLR said:

Your son needs his own I-130 now that you're naturalized. 

What is your yearly income?

More than 100000 

[NikLR 13,227]

9 hours ago, Laulent said:

More than 100000 

I'm surprised that public charge was mentioned.  Interesting. Regardless as you're now a USC you need the I-130 for your son.