Derivate family member

[NikLR 13,227]

24 minutes ago, arken said:

You said there is no button to add a derivative because it’s not an option in your case. 

 

In DS 260 where it asks for if your spouse or children is immigrating with you is a general question and not necessarily for derivative. Like your father and mother will have individual ds260 and they can say the  spouse is immigrating with them on their individual ds260 if they are planning together to immigrate.

 

For your siblings, either you can start a new petition thru i130 or your parents can after they immigrate to the US and become LPRs.

Not quite.  The spouse of an IR5 will have to have a separate petition and cannot immigrate with the mother. As will the sister. 

[Lil bear 4,218]

39 minutes ago, arken said:

 

Like your father and mother will have individual ds260 and they can say the  spouse is immigrating with them on their individual ds260 if they are planning together to immigrate.

Individual DS260 yes .. individual everything 

 

immigrating together .. no.. this is not what USCIS means by that question. For a parent , they would each answer “ no” to that question on their DS260

[geowrian 22,337]

3 hours ago, YGNR said:

When I was filling the ds260 they ask if they want to immigrate with them at the same time or later

The questions are "Is your spouse immigrating to the U.S. with you?" and "Is your spouse immigrating to the U.S. at a later date to join you?". It doesn't ask if they want to immigrate or imply there are eligible to do so alongside the immigrating spouse.

https://www.reginfo.gov/public/do/DownloadDocument?objectID=85760401 (Page 23)

[YGNR 3]

1 hour ago, geowrian said:

The questions are "Is your spouse immigrating to the U.S. with you?" and "Is your spouse immigrating to the U.S. at a later date to join you?". It doesn't ask if they want to immigrate or imply there are eligible to do so alongside the immigrating spouse.

https://www.reginfo.gov/public/do/DownloadDocument?objectID=85760401 (Page 23)

Now the question is, would my response to the question affect them on any kind of way or does it meant the same thing to them? Did you think that I have to call the nvc to change that since I can’t because I already submitted?

 

[geowrian 22,337]

13 minutes ago, YGNR said:

Now the question is, would my response to the question affect them on any kind of way or does it meant the same thing to them? Did you think that I have to call the nvc to change that since I can’t because I already submitted?

They can just note it at the interview. Not a material issue for her visa application.

[arken 4,197]

16 hours ago, Lil bear said:

Individual DS260 yes .. individual everything 

 

immigrating together .. no.. this is not what USCIS means by that question. For a parent , they would each answer “ no” to that question on their DS260

If one’s mother and father are planning to immigrate at the same time through separate petitions, why wouldn’t the answer be “Yes” to the question where it asks “Is your spouse immigrating with you” in the individual 260s?

[arken 4,197]

16 hours ago, NikLR said:

Not quite.  The spouse of an IR5 will have to have a separate petition and cannot immigrate with the mother. As will the sister. 

That’s what I meant as well. OP has said he has filed the petitions for both parents just not the sister.

Edited May 31, 2020 by arken

[Lil bear 4,218]

48 minutes ago, arken said:

If one’s mother and father are planning to immigrate at the same time through separate petitions, why wouldn’t the answer be “Yes” to the question where it asks “Is your spouse immigrating with you” in the individual 260s?

Because the term “ immigrating with you “ has a specific meaning in USCIS applications ... and your interpretation of it is not  what USCIS means by it ..bit as Geowarian indicates  it is not an issue that will be a problem 

Parents travelling and immigrating at the same time,  because they each have valid IR5 visas , is not “ immigrating together” in USCIS terms 

[arken 4,197]

1 hour ago, Lil bear said:

Because the term “ immigrating with you “ has a specific meaning in USCIS applications ... and your interpretation of it is not  what USCIS means by it ..bit as Geowarian indicates  it is not an issue that will be a problem 

Parents travelling and immigrating at the same time,  because they each have valid IR5 visas , is not “ immigrating together” in USCIS terms 

I’d like to see what the official meaning is in case you are aware of, otherwise we are talking about just the personal interpretation. 
 

Agreed it will a no problem regardless. 

[Lil bear 4,218]

27 minutes ago, arken said:

I’d like to see what the official meaning is in case you are aware of, otherwise we are talking about just the personal interpretation. 
 

Agreed it will a no problem regardless. 

My “interpretation” comes from having applied personally for an IR5 visa .. completing the DS260... at the same time as my husband was applying for his IR5 and completing his DS260. We were both applying to immigrate, but I was not immigrating “with him” nor “he with me “ . 

[YGNR 3]

3 hours ago, arken said:

If one’s mother and father are planning to immigrate at the same time through separate petitions, why wouldn’t the answer be “Yes” to the question where it asks “Is your spouse immigrating with you” in the individual 260s?

My parent’s aren’t married to each other, but my mother is married with my stepfather and that’s why I renspond yes to the question of if the spouse of the beneficiary wich Is my mother is immigrating to the us with her. I also did the same thing on my fathers petition but with my little sister who is my father’s daughter I said that she would be immigrating with him, but I just find that it doesn’t apply to them because is ir5 category. There’s also two other sisters from my father’s side wich I said that them too would be joining him later because they’re still babies. So I’m just trying to see how the consulate it’s going to intérprete all of my answers? I want to know if I need to let them know or if they would understand what I meant because I don’t want none of them to be affected later because of that 

 

[NikLR 13,227]

14 minutes ago, YGNR said:

My parent’s aren’t married to each other, but my mother is married with my stepfather and that’s why I renspond yes to the question of if the spouse of the beneficiary wich Is my mother is immigrating to the us with her. I also did the same thing on my fathers petition but with my little sister who is my father’s daughter I said that she would be immigrating with him, but I just find that it doesn’t apply to them because is ir5 category. There’s also two other sisters from my father’s side wich I said that them too would be joining him later because they’re still babies. So I’m just trying to see how the consulate it’s going to intérprete all of my answers? I want to know if I need to let them know or if they would understand what I meant because I don’t want none of them to be affected later because of that 

 

It'll be fine.  Your parents will need to petition for their children and spouse after they arrive.  they can explain at interview that they didn't understand the question and wasn't aware it wasn't allowed. 

[YGNR 3]

27 minutes ago, NikLR said:

It'll be fine.  Your parents will need to petition for their children and spouse after they arrive.  they can explain at interview that they didn't understand the question and wasn't aware it wasn't allowed. 

Cool! Thank you ☺️ 

[geowrian 22,337]

5 hours ago, arken said:

I’d like to see what the official meaning is in case you are aware of, otherwise we are talking about just the personal interpretation. 
 

Agreed it will a no problem regardless. 

The FAM describes it as at the same time or within 6 months of the primary beneficary. I can try to find the specific section if needed, but I do remember this from looking it up a few weeks or so ago.

Edited June 1, 2020 by geowrian

[YGNR 3]

Does anyone know if Is necessary to translate the documents before I uploaded it??