Adding Derivatives to IR at NVC (split)

[Mikeeastern 81]

Anybody have experience adding derivatives after DQ? 

 

Also do you think IL will go out May 7th?

[mam521 2,216]

24 minutes ago, Mikeeastern said:

Anybody have experience adding derivatives after DQ? 

 

Also do you think IL will go out May 7th?

Derivatives meaning?  

 

If it's an IR/CR application, they have to have their own applications through USCIC and DoS. I don't know if they can be expedited at all.  

 

If it's an F category, then they are linked to the principal applicant. 

 

We started as F's, DH got citizenship, we "upgraded" my petition to CR and submitted new applications for the kids.  USCIS expedited them to link with mine.  BUT, this was all before DQ and they were minors.  

[Mikeeastern 81]

12 minutes ago, mam521 said:

Derivatives meaning?  

 

If it's an IR/CR application, they have to have their own applications through USCIC and DoS. I don't know if they can be expedited at all.  

 

If it's an F category, then they are linked to the principal applicant. 

 

We started as F's, DH got citizenship, we "upgraded" my petition to CR and submitted new applications for the kids.  USCIS expedited them to link with mine.  BUT, this was all before DQ and they were minors.  

Child of IR1 applicant and beneficiary born after i130 approval and nvc dq can be added to the interview and gain immigrant visa as a derivative at the same interview. You can actually do it through the NVC before they DQ as accompanying derivative.  It's a strange case just wondering if anybody has experience with that. 

[mam521 2,216]

1 minute ago, Mikeeastern said:

Child of IR1 applicant and beneficiary born after i130 approval and nvc dq can be added to the interview and gain immigrant visa as a derivative at the same interview. You can actually do it through the NVC before they DQ as accompanying derivative.  It's a strange case just wondering if anybody has experience with that. 

It's an interesting question because a good chunk of our group here are all spouses of USC, so baby qualifies for a US passport...IF the paperwork is able to be filed and returned in time.  

[Ontarkie 14,518]

~~Post split off to its own thread along with related replies.~~

[aaron2020 11,651]

Derivative beneficiaries not allowed in Immediate Relative cases.  

Did the USC live in the US for at least 5 years before the child's birth?

13 minutes ago, Mikeeastern said:

Child of IR1 applicant and beneficiary born after i130 approval and nvc dq can be added to the interview and gain immigrant visa as a derivative at the same interview. You can actually do it through the NVC before they DQ as accompanying derivative.  It's a strange case just wondering if anybody has experience with that. 

There are no derivative beneficiaries allowed in Immediate Relative cases.  

[mam521 2,216]

12 minutes ago, aaron2020 said:

Derivative beneficiaries not allowed in Immediate Relative cases.  

Did the USC live in the US for at least 5 years before the child's birth?

There are no derivative beneficiaries allowed in Immediate Relative cases.  

No, but you can contact USCIS and see if they will expedite the minor's I-130 processing so said minor can go through the DoS processing at the same time.  We had to because my PD date was so much earlier than the kids' PD's.  They wouldn't have DQ'd until long after me.    

[aaron2020 11,651]

1 minute ago, mam521 said:

No, but you can contact USCIS and see if they will expedite the minor's I-130 processing so said minor can go through the DoS processing at the same time.  We had to because my PD date was so much earlier than the kids' PD's.  They wouldn't have DQ'd until long after me.    

The petitioner is a USC.  The child was born to a USC parent.  If the USC parent lived in the US for at least 5 years (2 years after age 14), then the child was born a USC.  The child would need a CRBA and a US passport.  Filing the I-130 would be incorrect since a visa can not be issued to a USC.  This is why I am asking whether the USC parent lived in the US for 5 years before the child's birth.

[Mikeeastern 81]

3 minutes ago, aaron2020 said:

The petitioner is a USC.  The child was born to a USC parent.  If the USC parent lived in the US for at least 5 years (2 years after age 14), then the child was born a USC.  The child would need a CRBA and a US passport.  Filing the I-130 would be incorrect since a visa can not be issued to a USC.  This is why I am asking whether the USC parent lived in the US for 5 years before the child's birth.

USC was physically present more then 5 years but doesn't have enough proof. Consulate is not sure if they will issue CRBA. Just want to know all my options. 

[aaron2020 11,651]

Just now, Mikeeastern said:

USC was physically present more then 5 years but doesn't have enough proof. Consulate is not sure if they will issue CRBA. Just want to know all my options. 

Do you have school records?  Tax returns?  Bills?  Anything?

From what age to what age did you live in the US?  

[Mikeeastern 81]

1 minute ago, aaron2020 said:

Do you have school records?  Tax returns?  Bills?  Anything?

From what age to what age did you live in the US?  

Is a bit complicated.  And the other children did get a CRBA. The previous CRBA was done in a differant country and we don't have all of the documents anymore.   We are expecting an IL in the next two weeks and I just want to know best option without getting stuck waiting for the baby's papers. 

[aaron2020 11,651]

3 minutes ago, Mikeeastern said:

Is a bit complicated.  And the other children did get a CRBA. The previous CRBA was done in a differant country and we don't have all of the documents anymore.   We are expecting an IL in the next two weeks and I just want to know best option without getting stuck waiting for the baby's papers. 

You have to file for the CRBA.  This is the best option and your ONLY OPTION.  

There is no way for your child to be added as a derivative beneficiary on an Immediate Relative case.

If you file an I-130, it will take months it to go through the immigration process even if you could get it expedited.  In the end, a visa could be deny because the child has a claim to US citizenship.

You need to work on getting whatever documents you can to show you meet the residency requirement to pass on US citizenship to your child. 

 

Edited April 29, 2021 by aaron2020

[Mikeeastern 81]

On 4/29/2021 at 2:52 PM, aaron2020 said:

You have to file for the CRBA.  This is the best option and your ONLY OPTION.  

There is no way for your child to be added as a derivative beneficiary on an Immediate Relative case.

If you file an I-130, it will take months it to go through the immigration process even if you could get it expedited.  In the end, a visa could be deny because the child has a claim to US citizenship.

You need to work on getting whatever documents you can to show you meet the residency requirement to pass on US citizenship to your child. 

 

What happens if CRBA is denied or left pending. What are the other options? 

[aaron2020 11,651]

5 hours ago, Mikeeastern said:

What happens if CRBA is denied or left pending. What are the other options? 

If the CRBA is denied, then the USC parent can file an I-130.  

There is no quick solution.  

[Mikeeastern 81]

Just now, aaron2020 said:

If the CRBA is denied, then the USC parent can file an I-130.  

There is no quick solution.  

You can apply for a passport directly at the state department. 

Also if the USC grandparent can prove 5 years you can file N600K. 

.