Already filed Petition for Naturalization, can I still file an I-824 (follow-to-join) for my child

[Joy61515 3]

Hi everyone. 
 

I have been researching about the form I-824 (follow-to join). I’ve already filed a Petition for Naturalization a few months ago, just waiting for biometrics and interview schedule but I was just wondering if I can still file an I-824 for my daughter who is still in the Philippines.  

Has anybody here had an experience like this?

I need your help please....
 

Edited August 1, 2020 by Joy61515

[aleful 1,905]

hi

 

how did you receive your green card, meaning who filed for you and when did you get your geen card, and on what basis would you qualify for follow to join?

 

 

[Canerican 242]

6 hours ago, Joy61515 said:

Hi everyone. 
 

I have been researching about the form I-824 (follow-to join). I’ve already filed a Petition for Naturalization a few months ago, just waiting for biometrics and interview schedule but I was just wondering if I can still file an I-824 for my daughter who is still in the Philippines.  

Has anybody here had an experience like this?

I need your help please....
 

I believe that I-824 Follow to Join is only valid for up to a year after you receive your permanent residence or visa. If you are applying for citizenship you are not eligible as the amount of time has past. You will have to wait till you are a US citizen to petition for your relative. 

[SusieQQQ 11,586]

13 minutes ago, CDN(ON)-USA(VT) said:

I believe that I-824 Follow to Join is only valid for up to a year after you receive your permanent residence or visa. If you are applying for citizenship you are not eligible as the amount of time has past. You will have to wait till you are a US citizen to petition for your relative. 

No ime limit on ftj (you are thinking of k2 maybe?). However... if you no longer have the valid status under which follow to join is valid (in this case the green card) then they can’t do it, which is the case if person naturalizes (see below), same if the relationship has statutorily changed (such as child aged out, divorced) and in all those cases would have to petition for relative of citizen. No mention by OP of daughter’s age.

From the FAM

https://fam.state.gov/FAM/09FAM/09FAM050201.html

Basis for Following-to-Join:  The term “following to join,” as used in INA 101(a)(27)(C) and INA 203(d), permits an alien to obtain an NIV or IV and the priority date of the principal alien as long as the alien following to join has the required relationship with the principal alien.  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.  There is no requirement that the following-to-join alien must take up residence with the principal alien in order to qualify for the visa.  The term “following to join” also applies to a spouse or child following to join a principal alien who has adjusted status in the United States.

....

Effect of Principal Alien’s Naturalization on Derivative Status:  A “following-to-join” derivative must immigrate to the United States prior to any naturalization as a U.S. citizen.  If the alien fails to immigrate prior to any naturalization the citizen must file an immediate relative petition for the family members.

Edited August 1, 2020 by SusieQQQ

[SusieQQQ 11,586]

So bottom line is that it might be technically possible if the visa can be issued /she enters before your oath, it is unclear what visa category your daughter would be ftj under. If it is say F2 then no issuance until end of year and backlog likely thereafter, so unlikely to happen before you naturalize. (I am assuming it is F2 or another currently restricted category as if you were IR or CR there would be no derivatives on your petition, and K visa as noted you’d have run out of time.)

Edited August 1, 2020 by SusieQQQ

[Joy61515 3]

2 hours ago, SusieQQQ said:

No ime limit on ftj (you are thinking of k2 maybe?). However... if you no longer have the valid status under which follow to join is valid (in this case the green card) then they can’t do it, which is the case if person naturalizes (see below), same if the relationship has statutorily changed (such as child aged out, divorced) and in all those cases would have to petition for relative of citizen. No mention by OP of daughter’s age.

From the FAM

https://fam.state.gov/FAM/09FAM/09FAM050201.html

Basis for Following-to-Join:  The term “following to join,” as used in INA 101(a)(27)(C) and INA 203(d), permits an alien to obtain an NIV or IV and the priority date of the principal alien as long as the alien following to join has the required relationship with the principal alien.  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.  There is no requirement that the following-to-join alien must take up residence with the principal alien in order to qualify for the visa.  The term “following to join” also applies to a spouse or child following to join a principal alien who has adjusted status in the United States.

....

Effect of Principal Alien’s Naturalization on Derivative Status:  A “following-to-join” derivative must immigrate to the United States prior to any naturalization as a U.S. citizen.  If the alien fails to immigrate prior to any naturalization the citizen must file an immediate relative petition for the family members.

Thank you so much for this info SusieQQQ. 

[Joy61515 3]

5 hours ago, aleful said:

hi

 

how did you receive your green card, meaning who filed for you and when did you get your geen card, and on what basis would you qualify for follow to join?

 

 

I got my GC through K1 visa in 2016, decided to move here and settled down first while waiting for my daughter to decide for herself if she wants to move here with us. Now, after 4 years, she’s now ready (by the way she’s 12yo), I was thinking about the follow-to-join benefits, if I can still avail it now that I just recently filed my naturalization. 

[SusieQQQ 11,586]

22 minutes ago, Joy61515 said:

I got my GC through K1 visa in 2016, decided to move here and settled down first while waiting for my daughter to decide for herself if she wants to move here with us. Now, after 4 years, she’s now ready (by the way she’s 12yo), I was thinking about the follow-to-join benefits, if I can still avail it now that I just recently filed my naturalization. 

Ok, if you were K she falls under the one year limit, time’s  run out. You’ll have to petition her on your own.

[aaron2020 11,651]

1 hour ago, Joy61515 said:

I got my GC through K1 visa in 2016, decided to move here and settled down first while waiting for my daughter to decide for herself if she wants to move here with us. Now, after 4 years, she’s now ready (by the way she’s 12yo), I was thinking about the follow-to-join benefits, if I can still avail it now that I just recently filed my naturalization. 

Sorry, your daughter is not eligible to do a follow-to-join as a K-2.  A K-2 is only available for 1 year after you received your K-1.  It would be a waste of money and time to file the I-824.

You must file an I-130 to petition for your daughter.  

[aleful 1,905]

hi

 

exactly as they said, you waited too long, now you have to file a regular petition

 

 

[Joy61515 3]

Thanks everyone for your inputs, I really appreciate it. ❤️  I guess for now, I’ll just wait till I get my citizenship before filing I-130 for my daughter. 

[SusieQQQ 11,586]

46 minutes ago, Joy61515 said:

Thanks everyone for your inputs, I really appreciate it. ❤️  I guess for now, I’ll just wait till I get my citizenship before filing I-130 for my daughter. 

I’d suggest filing now and upgrade when you become a citizen, unless you already have an interview scheduled and know you are near the end of the process.

[Joy61515 3]

4 hours ago, SusieQQQ said:

I’d suggest filing now and upgrade when you become a citizen, unless you already have an interview scheduled and know you are near the end of the process.

I already had an interview scheduled, was also prepared for the test too but got cancelled due to COVID-19. I could have taken my oath back in July if this pandemic didn’t happen. ☹️