Question about son's petition after DQ (split & merged)

[hamjok 0]

Good morning house. I was documentarily Qualified with my son and a week after, my wife got her citizenship. My two daughters are on "Follow-to-join". Do my wife at this stage need to submit documents for us to upgrade to IR-1 having been documentary qualified, and what's the implication on my daughters who are on "Follow-to-join". Will we be issued visa based on which category now?
Moreso, what if we decide to do nothing? If my wife send in her proof of citizenship, wont it delay our scheduling of interview and delay the process? Thanks.

[SteveInBostonI130 3,432]

I am not sure if you can keep your F2A status.

 

IR1 does not allow derivatives. Did your children have separate I-130s filed for them, or were they all under the single one for you?  If it was just the one I-130, you wife will need to file I-130 for each of your children as IR2, and it will take 2+ years.

[hamjok 0]

Thanks for your reply @StevenInBos@StevenInBostonl130. Since my case is almost at my local embassy in Lagos, won't it delay my interview scheduling? What if we don't do the update will it have any impact us.

[Mike E 11,739]

@Family

[Pinkrlion 2,715]

They will automatically know of her citizenship and change the category for you. She will need to file another I-30 for your son. It will not be processed at the same time as yours. 
 

[Family 3,988]

3 hours ago, hamjok said:

What if we don't do the update will it have any impact us.

There isn’t a rug big enough to sweep this under. ..I can’t think of any embassy that would be sympathetic when clearly your intent is to misrepresent facts. ..especially Lagos.

 

Your best bet is to contact embassy and ask if they will DCF I-130 for newborn.
 

 

 

[Crazy Cat 41,810]

If I am not mistaken, the case MUST be upgraded to IR status.  I'll see if I can find a reference. 

[Crazy Cat 41,810]

Immigrant Visas Processing - General FAQs (state.gov)

 

"

When I filed a petition for my relative I was a Lawful Permanent Resident (green card holder). I recently became a U.S. citizen. How does this affect my family members?

If you filed a petition for your spouse and/or children when you were a lawful permanent resident (LPR) and you are now a U.S. citizen, the type of immigrant visa that your family members can receive will change. When you become a U.S. citizen, you must submit proof of citizenship to the National Visa Center (NVC) so they can update your family member’s visa category. Scan and save one of the below items as a PDF or JPG file. Then send it as an attachment to Public Inquiry Form:

• A copy of the biodata page of your U.S. passport; or
• A copy of your certificate of naturalization."

• Important: If the family second preference (F2A) petition that you filed for your spouse included your minor children, now that you are a U.S. citizen you must file new and separate petitions for each child. This is because children cannot be included as “derivative applicants” on a parent’s immediate relative (IR) visa or petition. (This is different from the family second preference petition, which allows minor children to be included in their parent's petition.)
• Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports at the U.S. Embassy/Consulate. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not a U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the United States.

Edited June 4, 2023 by Crazy Cat

[Ontarkie 14,215]

~~Moved to Bringing Family of USC, from Effects of Major Family Changes- The OP's spouse has naturalized and now the thread fits here.~~

[SalishSea 17,801]

14 hours ago, hamjok said:

Thanks for your reply @StevenInBos@StevenInBostonl130. Since my case is almost at my local embassy in Lagos, won't it delay my interview scheduling? What if we don't do the update will it have any impact us.

Never lie to DOS/USCIS.   

10 hours ago, Family said:

There isn’t a rug big enough to sweep this under. ..I can’t think of any embassy that would be sympathetic when clearly your intent is to misrepresent facts. ..especially Lagos.

 

Your best bet is to contact embassy and ask if they will DCF I-130 for newborn.
 

 

 

OP references ‘daughters,’ not ‘newborn.’

[hamjok 0]

Good day house. My spouse just updated her status with the NVC from LPR to USC, my son and I were already documentary qualified waiting for our Letter of interview. We got a letter from NVC that the Visa category has been updated to IR-1 from the previous F2A, but shockingly my son's name disappeared remaining only mine. Am afraid. Have they cancelled my son as I already have printed his confirmation letter and paid his visa fee. Please I need clarification here. God bless.

[Crazy Cat 41,810]

3 hours ago, hamjok said:

Good day house. My spouse just updated her status with the NVC from LPR to USC, my son and I were already documentary qualified waiting for our Letter of interview. We got a letter from NVC that the Visa category has been updated to IR-1 from the previous F2A, but shockingly my son's name disappeared remaining only mine. Am afraid. Have they cancelled my son as I already have printed his confirmation letter and paid his visa fee. Please I need clarification here. God bless.

Now that your spouse is a US citizen, she must submit an I-130 for the Son.  His is now a separate case from your case. There are no derivatives for immediate relatives of a US citizen.  Derivatives are allowed for F2a cases. That is why your son no longer is listed in your case. US citizen must now file an I-130 for the son, then she should contact NVC and the consulate to hold your case until the son's I-130 is approved. 

 

Note to other F2A filers:  Do not naturalize while an F2a case is in progress if derivatives are included. Wait until after your family has entered the US before naturalizing.. 

Edited June 17, 2023 by Crazy Cat

[Unlockable 7,314]

*** Hijacking Posts split from another member's thread.

 

VJ Moderation

[SalishSea 17,801]

1 hour ago, hamjok said:

Good day house. My spouse just updated her status with the NVC from LPR to USC, my son and I were already documentary qualified waiting for our Letter of interview. We got a letter from NVC that the Visa category has been updated to IR-1 from the previous F2A, but shockingly my son's name disappeared remaining only mine. Am afraid. Have they cancelled my son as I already have printed his confirmation letter and paid his visa fee. Please I need clarification here. God bless.

Not shockingly.   Unlike F2A,  are no derivatives for IR visas.   Naturalizing changed the visa category.   

[Boiler 45,445]

Agree it was a silly thing to do, maybe able to file an I 130 with the Consulate