Derivate family member

[Vzla90 25]

Hi, I just found (I guess a little bit late) this forum.

 

I am a US citizen applying for my dad in Venezuela, my home country. He was just approved and NVC sent me all the information to start the process for the embassy in Colombia and the interview.

 

I am really confused about my dad and his wife. I thought that in the meantime he was doing the visa he can derivate his status to his wife but the system doesn’t allow me to add any derivate applicant. I imagine that it is because of the IR5. But, isn’t that inconvenient? Technically they are separating one family to reunite another one.

[SusieQQQ 11,587]

2 hours ago, Vzla90 said:

Hi, I just found (I guess a little bit late) this forum.

 

I am a US citizen applying for my dad in Venezuela, my home country. He was just approved and NVC sent me all the information to start the process for the embassy in Colombia and the interview.

 

I am really confused about my dad and his wife. I thought that in the meantime he was doing the visa he can derivate his status to his wife but the system doesn’t allow me to add any derivate applicant. I imagine that it is because of the IR5. But, isn’t that inconvenient? Technically they are separating one family to reunite another one.

That is the downside of IR. The upside is that you get much faster processing. If your dad married your stepmom before you turned 18 you can also petition her through IR5. If not, then you will have to wait - once your dad has a green card he can sponsor her through F2A, spouse of permanent resident.

 

And no, they are not technically separating anyone, because technically it is your/your dad’s decision to immigrate, they are not forcing anyone to immigrate. They have rules for different categories and apply the rules accordingly, and it is up to the sponsors and immigrants to understand the rules. There is a workaround. Your dad could apply for a re-entry permit after he gets his green card and go back and live with his wife until her visa interview, I assume you’d be a joint sponsor  anyway so his lack of US income in that case would be overcome.