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[razo 0]

I am very new to this forum, just found it. Thanks God.I have some questions that I need help with. I am an unmarried daughter of LPR mother. My petition justgot approved, I am waiting for the next step but I want to be as ready as possible. My 3 kids qualify  as derivatives beneficiaries however I will not want the kids to travel with me.

1- Is it true that I have until a year to have the kids as follow to join?

2- Is the form to fill for this?

3- Do I list the kids on the AOS if they are not coming with me?

4- Do I need a sponsor for them to submit the AOS as the same time as mine?

5- Do I need  to submit their docs as the same time as me?

6-Within the year period will I have to file an I-30 for them because they were not listed on my I-30?

I thank you in advance for your help!

[SusieQQQ 11,586]

When you say your petition just got approved - is it the actual approval notice, or the call for documents? I ask because if its the first, it may still be some years yet before you immigrate. What is your priority date?

 

1 & 6. There is no year limit. However,  you must ensure that the children remain eligible for FTJ benefits. The direct quote from the uscis manual : “There is no statutory time period during which the following-to-join alien must apply for a visa and seek admission into the United States.  However, if the principal has died or lost status, or the relationship between the principal and derivative has been terminated, there is no longer a basis to following to join.  As an example, a person would no longer qualify as a child following to join upon reaching the age of 21 years (unless they qualify for the benefits of the Child Status Protection Act, see 9 FAM 502.1-1(D) below) or by entering into a marriage.” https://fam.state.gov/FAM/09FAM/09FAM050201.html

 

2. The form i824 will need to be filled in. 

3-5. Not sure about the technicalities of the affidavit of support, hopefully someone else can answer those.

 

(A technical note, you have F3 listed in your profile - unmarried daughter of LPR is category F2B).

[razo 0]

1 hour ago, SusieQQQ said:

When you say your petition just got approved - is it the actual approval notice, or the call for documents? I ask because if its the first, it may still be some years yet before you immigrate. What is your priority date?

 

1 & 6. There is no year limit. However,  you must ensure that the children remain eligible for FTJ benefits. The direct quote from the uscis manual : “There is no statutory time period during which the following-to-join alien must apply for a visa and seek admission into the United States.  However, if the principal has died or lost status, or the relationship between the principal and derivative has been terminated, there is no longer a basis to following to join.  As an example, a person would no longer qualify as a child following to join upon reaching the age of 21 years (unless they qualify for the benefits of the Child Status Protection Act, see 9 FAM 502.1-1(D) below) or by entering into a marriage.” https://fam.state.gov/FAM/09FAM/09FAM050201.html

 

2. The form i824 will need to be filled in. 

3-5. Not sure about the technicalities of the affidavit of support, hopefully someone else can answer those.

 

(A technical note, you have F3 listed in your profile - unmarried daughter of LPR is category F2B).

Thanks for your quick reply, I know I am F2b category, will make the correction, thanks again.

[razo 0]

On 6/27/2020 at 12:15 PM, SusieQQQ said:

When you say your petition just got approved - is it the actual approval notice, or the call for documents? I ask because if its the first, it may still be some years yet before you immigrate. What is your priority date?

 

1 & 6. There is no year limit. However,  you must ensure that the children remain eligible for FTJ benefits. The direct quote from the uscis manual : “There is no statutory time period during which the following-to-join alien must apply for a visa and seek admission into the United States.  However, if the principal has died or lost status, or the relationship between the principal and derivative has been terminated, there is no longer a basis to following to join.  As an example, a person would no longer qualify as a child following to join upon reaching the age of 21 years (unless they qualify for the benefits of the Child Status Protection Act, see 9 FAM 502.1-1(D) below) or by entering into a marriage.” https://fam.state.gov/FAM/09FAM/09FAM050201.html

 

2. The form i824 will need to be filled in. 

3-5. Not sure about the technicalities of the affidavit of support, hopefully someone else can answer those.

 

(A technical note, you have F3 listed in your profile - unmarried daughter of LPR is category F2B).

I meant I got approved from uscis, I received the letter from NVC yesterday.