Adding spouse to ds 260 Derivative beneficiary (spouse) (Merged)

[Jjbb77 3]

My wife was single when she got EB3 visa. She and I are both still in home country and she is traveling to US next week which means she is not PR yet. She becomes PR upon endorsement of her visa (which I understand happens at port of entry upon arrival to US).  Her DS260 is locked and we have not added my details as family member. We have mailed Embasy but no response for 2 months. What should we do? Please advise. I have been told my process will be faster if she files for derivative beneficiary prior to leaving home country. How can we do that. We are worried we’ll have to live apart for a long time. 

[EA and MK 48]

It's not clear from your post, but is your wife a LPR? She already has a green card, correct?

[Jjbb77 3]

No. She only has her e31 visa. She has not traveled to the US yet. Her visa says she will be LPR upon endorsement of visa. It says “upon endorsement serves as temporary 1-551” I understand it means she becomes LPR when she enters US

Edited July 29, 2022 by Jjbb77

[EA and MK 48]

Understood. I think it may be difficult to add you this late in the stage. Typically, yes she should have been able to add you as a derivative beneficiary. You can make this change from the case summary page’s status chart. Go to the list of visa applicants under “Applicant Information”, click on the drop down box and select either “follow-to-join” if you’d like the derivative to travel later, or “accompanying” if you’d like the derivative to travel with you. The change will be reflected one or two hours after making the selection.

 

If you want to add a derivative but already had your Embassy interview scheduled, you must let the Embassy know before the interview. You will still need to complete all required processes – their own application, civil documents, medical exam, VAC visit, and pay all required fees. 

 

Option 2: Since she already had her interview and traveling in such a short period of time, she may need to enter the US with her EB-3, become an LPR, and then petition for you. Unfortunately, this is a bit lengthy. 

Did you get married after her DS-260 got filed? I'm so sorry, but it seems like option 2 is gonna be the one to go with. Really wish you had asked sooner so we could have advised sooner! 

 

Perhaps other members may have more information... 

Edited July 29, 2022 by EA and MK

[EA and MK 48]

I would see if you could still get the follow to join option on CEAC...

[Jjbb77 3]

Thank you for your response. Yes we got married after DS260 was submitted. 
Her DS 260 is locked and we have requested the embassy to unlock it but they have not responded. 
 

I’m sad that we might have to opt for option 2. How long does option 2 take? 
 

I would try the follow to join option but the DS260 is locked and all options are greyed out. It doesn’t let us edit anything. We are trying to get it unlocked prior to her departure. 
 

surely US immigration has a way out for cases like mine. 😆 

Edited July 29, 2022 by Jjbb77

[EA and MK 48]

So I found these instructions on NVC's site:

 

On the case summary page’s status chart, there are two buttons under “Applicant Information.” To add or remove a family member from your case, click on the appropriate button. You will have to enter information about your family member, including name, address, email, and relationship to you. The new derivative visa applicant’ name will then appear on the list of applicants and you will have to pay the Immigrant Visa Fee, complete a Form DS-260 application, and upload civil documents for that person. However, it will take approximately one hour after adding a family member before the option to pay the Immigrant Visa Application Fee is active.

 

Note that some visa categories are only for unmarried persons, and a change in marital status could make you ineligible for that visa category. Typically eligibility for a visa category depends on the legal status of the petitioning family member in the United States, your age, and your marital status. You can find a list of immigrant visa categories on our website with details on the eligibility requirements for each type of immigrant visa. 

[EA and MK 48]

Option 2 requires your spouse to file an I-130 which takes 8-9 months to process. Then you will go through the NVC stage which takes 1-2 months to complete. You will be DQ'd and an appointment will be scheduled. This depends on the country of course as there are a few countries that aren't s current on the visa bulletin.

[EA and MK 48]

I still think you can do a follow to join derivative application based on the following:

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

Spouse or Child Acquired Prior to Admission of Principal Applicant:  A spouse or child acquired prior to a principal applicant’s admission to the United States is entitled to derivative status and the priority date of the principal applicant, regardless of the period of time which may elapse between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant.

[Jjbb77 3]

Thank you for your advice. 
 

is this the case summary page you are talking about? https://ceac.state.gov/IV/Login.aspx
 

this opens the DS260 and there is no option for me to add family member. The whole form is locked. I can see what she filled previously but there is no option for edit. 

[EA and MK 48]

Does this option exist?

 

[Jjbb77 3]

Would I be eligible for form i-824? 

I saw this on a website though

 

“i-824 should not be filed if 

• Requesting follow-to-join benefits for your children and/or spouse and your case is one of the following:
  • Were given refugee status after being admitted to the United States or were given status in the U.S. as an asylee
  • Issued an immigrant visa at either a United States Embassy or U.S. Consulate via consular processing and were admitted to the U.S. on an immigrant visa as a lawful permanent resident
  • Were granted lawful permanent resident status via a T or U visa

[Jjbb77 3]

I have this. I don’t have the options you showed. This DS 260 seems different 😳. The petitioner is my employer since this is an eb3 visa

 

Edited July 29, 2022 by Jjbb77

[EA and MK 48]

2 minutes ago, Jjbb77 said:

I have this. I don’t have the options you showed. This DS 260 seems different 😳. The petitioner is my employer since this is an eb3 visa

 

There should be a page just as you log in that looks like the one I pasted above. When you log into CEAC, does it take you straight to this page you posted? Try Clicking on "home" by chance. There should be a page called "Immigrant Visa Summary Information" regardless ... What Embassy are you dealing with? Have you tried getting a hold of the Visa Applicant Center for your specific country? 

[Chancy 6,235]

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