F2a Question about Spouse with Derivatives

[gossamer 1]

As a permanent resident, you can file for you spouse.  Then you can add derivatives (children) to the F2.  Has anyone been in the case where the spouse decided not come to US, but derivatives (children) still wanted to (and could they)?  Assuming the spouse (and derivatives) went through the process and received the visa but only spouse decided not to use it.

[SalishSea 17,783]

4 minutes ago, gossamer said:

As a permanent resident, you can file for you spouse.  Then you can add derivatives (children) to the F2.  Has anyone been in the case where the spouse decided not come to US, but derivatives (children) still wanted to (and could they)?  Assuming the spouse (and derivatives) went through the process and received the visa but only spouse decided not to use it.

No.  The derivatives are not eligible without the principal applicant.

[gossamer 1]

1 minute ago, Jorgedig said:

No.  The derivatives are not eligible without the principal applicant.

You are saying no in the context that the parent didnt go through the process?

 

Let me be clear, if they go through the process. and all get approved.  But once it comes time to enter the US, they have to enter together with the F2 parent?  Or could the children enter with their own approved visas?  (or does only the parents visa matter?)

[HRQX 4,145]

8 minutes ago, gossamer said:

But once it comes time to enter the US, they have to enter together with the F2 parent?

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing/ceac-faqs.html

The principal applicant (the person who is named in the immigrant petition as the “beneficiary”) must enter the United States before or at the same time as other family members with visas.

 

Accompany = This visa applicant is a derivative family member of the principal applicant and will immigrate to the United States at the same time as his/her parent or spouse.

Follow-to-Join = This visa applicant is a derivative family member of the principal applicant and will immigrate to the United States much later than his/her parent or spouse. For that reason, this applicant is not going to submit a visa application package now and will not attend a visa interview until he/she is ready to immigrate.

[SusieQQQ 11,586]

3 hours ago, gossamer said:

You are saying no in the context that the parent didnt go through the process?

 

Let me be clear, if they go through the process. and all get approved.  But once it comes time to enter the US, they have to enter together with the F2 parent?  Or could the children enter with their own approved visas?  (or does only the parents visa matter?)

The principal beneficiary needs to enter with or before the derivatives.

You can file a petition separately for the children if you think you would want them to come without their other parent. You would need the other parent’s permission for the visas.

 

 

Edited August 9, 2021 by SusieQQQ

[gossamer 1]

13 hours ago, HRQX said:

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing/ceac-faqs.html

The principal applicant (the person who is named in the immigrant petition as the “beneficiary”) must enter the United States before or at the same time as other family members with visas.

 

Accompany = This visa applicant is a derivative family member of the principal applicant and will immigrate to the United States at the same time as his/her parent or spouse.

Follow-to-Join = This visa applicant is a derivative family member of the principal applicant and will immigrate to the United States much later than his/her parent or spouse. For that reason, this applicant is not going to submit a visa application package now and will not attend a visa interview until he/she is ready to immigrate.

Thank you.

10 hours ago, SusieQQQ said:

The principal beneficiary needs to enter with or before the derivatives.

You can file a petition separately for the children if you think you would want them to come without their other parent. You would need the other parent’s permission for the visas.

 

 

Thank you.

[Demise 1,275]

On 8/8/2021 at 7:29 PM, gossamer said:

As a permanent resident, you can file for you spouse.  Then you can add derivatives (children) to the F2.  Has anyone been in the case where the spouse decided not come to US, but derivatives (children) still wanted to (and could they)?  Assuming the spouse (and derivatives) went through the process and received the visa but only spouse decided not to use it.

Derivatives have to either come with or follow to join the principal. Now you could technically have the spouse come on the immigrant visa with the children, and then just leave (I'd personally recommend filing I-131 for a re-entry permit to leave the door open for 2 years if the spouse changes their mind or just doesn't want to immigrate right now to wrap things up back home). Alternatively you could just file I-130s for each of the kids to petition them directly, note that for a direct petition there needs to be a parent-child (via biology or adoption) or stepparent-stepchild (by marriage while they were under 18) relationship.

Edited August 11, 2021 by Demise