Help with DS-260

[JamKid 36]

My USC child filed the I-130 for only me. The plan is when I land in the USA, I will file I-130 for my minor children, as the wait time would have been too long if done by their USC sibling. My confusion is the question in the screenshot below for when I'm doing my DS-260. I'm not sure if the answer is YES, since I plan on filing when I'm LPR; or NO, since they are not related to this IR5 case. Please help.   

[SusieQQQ 11,586]

No as they are not related to this case 

[Pinkrlion 2,724]

YES - You can file I-824 Follow to Join instead of I-130.

Edited March 6, 2021 by Pinkrlion

[SusieQQQ 11,586]

1 hour ago, Pinkrlion said:

YES - You can file I-824 Follow to Join instead of I-130.

No she can’t. It’s an IR5 visa, no derivatives on IR visas.

[JamKid 36]

6 hours ago, Pinkrlion said:

YES - You can file I-824 Follow to Join instead of I-130.

Thanks, however after reading about the I-824 it doesn't seem to apply to the immediate relative petition. 

[JamKid 36]

5 hours ago, SusieQQQ said:

No she can’t. It’s an IR5 visa, no derivatives on IR visas.

Thanks. I am very grateful for VJ because there are somethings on some of these forms that a simple misunderstanding in your response can cause delays or even rejection of your case. I can't wait of all of this to be over.

[Pinkrlion 2,724]

The answer is still YES, you are filing for your children at a later date.

 

Per I-824 You were issued an immigrant visa at a U.S. Embassy or U.S. Consulate and were admitted to the United States as a lawful permanent resident. You may contact the NVC for information on how to request follow-to-join benefits for your dependents. You may direct your inquiry to our Public Inquiry Form (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc. html?wcmmode=disabled) or by writing to the National Visa Center, at: National Visa Center ATTN: WC 32 Rochester Avenue Portsmouth, NH 03801-2909

Edited March 8, 2021 by Pinkrlion

[SusieQQQ 11,586]

7 minutes ago, Pinkrlion said:

The answer is still YES, you are filing for your children at a later date.

 

Per I-824 You were issued an immigrant visa at a U.S. Embassy or U.S. Consulate and were admitted to the United States as a lawful permanent resident. You may contact the NVC for information on how to request follow-to-join benefits for your dependents. You may direct your inquiry to our Public Inquiry Form (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc. html?wcmmode=disabled) or by writing to the National Visa Center, at: National Visa Center ATTN: WC 32 Rochester Avenue Portsmouth, NH 03801-2909

She cannot use i824 follow to join on this visa type.  There are no derivatives on IR visas, why do you keep giving false information? 
 

 

Edited March 8, 2021 by SusieQQQ

[JamKid 36]

My mind is now in a tailspin, I wish some other senior member would chime in ☹️. I'm 98% with @SusieQQQ on this, since immediate relative does not have derivative benefit. For immediate relative each family member has to have their own petition. I will explain at the interview that I will be petitioning the kids after I'm permitted in the US. 

[Pinkrlion 2,724]

59 minutes ago, SusieQQQ said:

She cannot use i824 follow to join on this visa type.  There are no derivatives on IR visas, why do you keep giving false information? 
 

 

I did not say she was using the I-824, I said per the I-824 to contact NVC and they will tell you how to file for derivative since you have an Embassy Interview.  Read the statement as reading is fundamental.  

Edited March 8, 2021 by Pinkrlion

[Pinkrlion 2,724]

File for your children not derivative

Edited March 8, 2021 by Pinkrlion

[JamKid 36]

2 minutes ago, Pinkrlion said:

File for your children not derivative

?

 

[Pinkrlion 2,724]

Bottom LIne:  NVC or travel.state.gov will tell you what you need to do to bring your children to US after you immigrate.  I suggested emailing them and they will tell you the direct steps to take.  You still have to indicate that you plan on bringing your children on DS-260 at a later date.  

 

Regardless of SuzieQ stated you still need to find out what you need to do.  Since you are a Consulate issued visa, who will be a LPR and not a US Citizen, it is suggested that you talk to NVC to get the correct information.  

Edited March 8, 2021 by Pinkrlion

[JamKid 36]

5 minutes ago, Pinkrlion said:

Bottom LIne:  NVC or travel.state.gov will tell you what you need to do to bring your children to US after you immigrate.  I suggested emailing them and they will tell you the direct steps to take.  You still have to indicate that you plan on bringing your children on DS-260 at a later date.  

 

Regardless of SuzieQ stated you still need to find out what you need to do.  Since you are a Consulate issued visa, it is suggested that you talk to NVC to get the correct information.  

Thanks for your input. 

[SusieQQQ 11,586]

1 hour ago, Pinkrlion said:

File for your children not derivative

That is a i130.