Husband is not coming Part 2

[assila 14]

Hello,

 

Thank you all for the help you gave me this past October - still no interview date. I tried to work it out with my husband, but it's just not possible. We've found that he has a child with a married woman, and a different woman claims she also has a child with him. He is telling me he wants to keep one of our sons, and a selection of other absurdities. I can't trust him to complete the process and get on the plane with the kids, so I'm going to have to file new visas for the kids. I have not filed for naturalization, due to the the children being derivatives of his visa. 

 

Can you let me know if my plans are correct? I plan to file visas for the kids and also plan to file for naturalization at about the same time - this next week. I will have a lawyer in the Philippines get the paperwork for sole custody of my children. I'm in Cleveland so I'm hoping the naturalization process will be quick, and if so when I become a citizen, the children's visas will automatically move into a faster category. 

 

Please, let me know your thoughts. Thank you all so much.

[Chancy 6,241]

1 hour ago, assila said:

I'm going to have to file new visas for the kids.

 

I think you mean new petitions.  Yes, you will need to file new I-130 for your kids.  How old are they?  If they are under 21 years old by the time you take your US oath, their cases will be converted to IR2.

 

[assila 14]

6 hours ago, Chancy said:

 

I think you mean new petitions.  Yes, you will need to file new I-130 for your kids.  How old are they?  If they are under 21 years old by the time you take your US oath, their cases will be converted to IR2.

 

Thank you. Yes, new petitions, and they are 6 and 8. 

[Family 3,988]

File new I-130 Petitions for your children.
Add a copy of the current/ approved I-130 for your cheating/ lying spouse AND on the Last  Page ( pg 12) write REQUEST TO RETAIN / RETAIN PRIORITY DATE of xxx,xxx ( date on I-130 of Man Who Broke Your Heart and Cannot Keep His Vows or his Pants Zipped ) . 

I QUALIFY TO RETAIN PRIORITY DATE and MEET ALL CONDITIONS:

Same Petitioner/ Same Beneficiary/ Same Category F-2A. 
 

This just in case your N-400 gets delayed, Visa Bulletin regresses and not current.. 

Of course, I would not tell them about your spouse’s extracurricular activities…just let that I-130 without action .. in case you change your mind or actually divorce him. 
 

Sorry for your heartbreak , hope you smile and press on getting your children.

[Chancy 6,241]

11 hours ago, Family said:

I QUALIFY TO RETAIN PRIORITY DATE and MEET ALL CONDITIONS:

Same Petitioner/ Same Beneficiary/ Same Category F-2A. 

 

OP is NOT petitioning for the same beneficiary (ie. husband).

 

@assila, no need to attach your previous I-130 to the new ones for your kids.

 

[Family 3,988]

Kids are derivative beneficiaries, so yes counts for Priority Date Retention. Extensive USCIS Memos available 

[Mike E 11,739]

15 minutes ago, Family said:

Kids are derivative beneficiaries, so yes counts for Priority Date Retention. Extensive USCIS Memos available 

Intriguing. 
 

Perhaps it would help OP to cite the Meo’s and if so, perhaps it would help if you could reference the memos. 

[Family 3,988]

3-- Second preference derivative children in Visa class F2A, Children of lawful permanent resident (LPR) retain the priority date of the original I-130 petition when a subsequent I-130 is filed in their behalf by the same petitioner.
This is true regardless of whether the principal beneficiary of the original petition immigrates. The priority date is the date to which the principal beneficiary of the original petition was entitled.
The retention of the priority date is independent of whether or not the child remains in Class F2A due to the Child Status Protection Act (CSPA), or age’s out into Class F2B, Son/daughter of LPR.
USCIS regulation 8 CFR §204.2(a)(4) provides:
(a)(4) A child accompanying or following to join a principal alien under section 203(a)(2) [family based second preference] of the Act may be included in the principal alien’s second preference visa petition. The child will be accorded second preference classification and the same priority date as the principal alien. However, if the child reaches the age of twenty-one prior to the issuance of a visa to the principal alien parent, a separate petition will be required. In such a case, the original priority date will be retained if the subsequent petition is filed by the same petitioner...
The first sentence restates the statute, INA

 

Above is an excerpt ( not from memos but has Reg cites)  that may help..basically derivative beneficiaries on F-2 A get to keep priority date ..in OP’s instance she stated principal beneficiary will not immigrate. 

[assila 14]

12 minutes ago, Family said:

3-- Second preference derivative children in Visa class F2A, Children of lawful permanent resident (LPR) retain the priority date of the original I-130 petition when a subsequent I-130 is filed in their behalf by the same petitioner.
This is true regardless of whether the principal beneficiary of the original petition immigrates. The priority date is the date to which the principal beneficiary of the original petition was entitled.
The retention of the priority date is independent of whether or not the child remains in Class F2A due to the Child Status Protection Act (CSPA), or age’s out into Class F2B, Son/daughter of LPR.
USCIS regulation 8 CFR §204.2(a)(4) provides:
(a)(4) A child accompanying or following to join a principal alien under section 203(a)(2) [family based second preference] of the Act may be included in the principal alien’s second preference visa petition. The child will be accorded second preference classification and the same priority date as the principal alien. However, if the child reaches the age of twenty-one prior to the issuance of a visa to the principal alien parent, a separate petition will be required. In such a case, the original priority date will be retained if the subsequent petition is filed by the same petitioner...
The first sentence restates the statute, INA

 

Above is an excerpt ( not from memos but has Reg cites)  that may help..basically derivative beneficiaries on F-2 A get to keep priority date ..in OP’s instance she stated principal beneficiary will not immigrate. 

Thank you!

I'm breathing easier.

[Family 3,988]

The relevant USCIS Memo is from is from June 25, 2015  , PM-602-0118 ..in case you want to read It, just Google it. It actually forces USCIS to grant F-2A derivative beneficiaries automatic conversion to F-2B ( when they turn 21),  EVEN if there was no stand-alone I-130 filed for them on aging out . 

[Mike E 11,739]

15 hours ago, assila said:

Thank you!

I'm breathing easier.

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-6
 

“

Derivative Child

The derivative child of a principal beneficiary may be accorded the same priority date and classification as the principal provided that:

• The derivative child was acquired prior to the time the principal either adjusted status or was admitted to the United States as an LPR; 

• The child continues to qualify as a child under the statutory definition (unmarried and under 21 years old)^[42] or otherwise under the provisions of the CSPA, if applicable;^[43] and

• The principal remains in LPR status at the time the derivative adjusts status.^[44]

”

[assila 14]

3 hours ago, Mike E said:

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-6
 

“

Derivative Child

The derivative child of a principal beneficiary may be accorded the same priority date and classification as the principal provided that:

• The derivative child was acquired prior to the time the principal either adjusted status or was admitted to the United States as an LPR; 

• The child continues to qualify as a child under the statutory definition (unmarried and under 21 years old)^[42] or otherwise under the provisions of the CSPA, if applicable;^[43] and

• The principal remains in LPR status at the time the derivative adjusts status.^[44]

”

Does this mean when I file new petitons for the children,  I can't become a citizen until after they arrive here?

[Family 3,988]

5 hours ago, Mike E said:

Derivative Child

The derivative child of a principal beneficiary may be accorded the same priority date and classification as the principal provided that:

https://www.ilrc.org/sites/default/files/resources/how_to_recaptureretain_and_utilize_priority_dates_february_2022.pdf
 

The policy manual/ vol7/chap 6 referenced in your post is general guidance for adjustment applications , thus assumes the derivative benef is now also seeking I-485 and thus must meet some conditions .( such as principal having adj( filed in US )  or admitted ( Consular process ) …

 

In OP’s case the “principal “ is not coming and the question is could the derivatives claim priority date. 
I included a link to a helpful advisory published in 2022 that may help . 

But at the end of the day , my suggestion was simply TO INCLUDE A COPY of prev I-130 and ask for a benefit in the simplest of DIY manners. 
Including a copy  of previously filed petitions WAS / IS a GOOD PRACTICE ( not mandatory) as there is a question on I-130 that asks if Petitioner has ever filed before…

 

 

[Family 3,988]

3 hours ago, assila said:

Does this mean when I file new petitons for the children,  I can't become a citizen until after they arrive here?

You go ahead w ur original plan to file I-130 for kids, apply for N-400 ( at same time if you can afford it). I suggested claiming old priority date only as a protection in case your N-400 gets delayed or Visa is not current or goes back..AND I suggested you SMILE and stay strong even though MAN who broke your heart AND seems to multiply faster than bees pollinate …is trying to block your childrens coming here. Good luck w getting custody for them . 

 

[assila 14]

56 minutes ago, Family said:

You go ahead w ur original plan to file I-130 for kids, apply for N-400 ( at same time if you can afford it). I suggested claiming old priority date only as a protection in case your N-400 gets delayed or Visa is not current or goes back..AND I suggested you SMILE and stay strong even though MAN who broke your heart AND seems to multiply faster than bees pollinate …is trying to block your childrens coming here. Good luck w getting custody for them . 

 

You make me cry - in a good way. Thank you!