DS-260 Review Note

[PRboy 0]

I received following message from NVC in the message box with title - DS-260 Review Note

"The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate."

 

Does anyone know what this message means. Should I be concerned over it?

 

PS: I (US Green Card holder) sponsored (I-130) my spouse who is currently living in Canada. We have submitted all Civil and Financial documents to NVC.

 

 

[Mike E 11,739]

8 minutes ago, PRboy said:

I received following message from NVC in the message box with title - DS-260 Review Note

"The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate."

 

Does anyone know what this message means.

It is saying that if your spouse had a child, to bring that child would require you to file a separate I-130.

 

I disagree with NVC. My understanding is F2A allows derivatives.

 

8 minutes ago, PRboy said:

Should I be concerned over it?

If your spouse is or gets pregnant, yes.

 

 

 

8 minutes ago, PRboy said:

 

PS: I (US Green Card holder) sponsored (I-130) my spouse who is currently living in Canada. We have submitted all Civil and Financial documents to NVC.

 

 

When can you file for U.S. citizenship?

[Crazy Cat 41,845]

Just now, Mike E said:

I disagree with NVC. My understanding is F2A allows derivatives.

Agree.  OP has F2a case, so note is, for now,  irrelevant.  

[PRboy 0]

Just now, Mike E said:

It is saying that if your spouse had a child, to bring that child would require you to file a separate I-130.

 

I disagree with NVC. My understanding is F2A allows derivatives.

 

If your spouse is or gets pregnant, yes.

 

 

 

When can you file for U.S. citizenship?

Thanks Mike for response. We dont have kids yet so its only her who will be on the application. Do I need to take any action from my side?

 

It will take me 4 more years before I can file for citizenship as I was living in Canada for past 4 years (with re-entry permit) for my job.

[Crazy Cat 41,845]

Just now, PRboy said:

Do I need to take any action from my side?

Disregard the note.  It's one of the several generic NVC notes.  

[Mike E 11,739]

1 minute ago, PRboy said:

Do I need to take any action from my side?

Other than practicing  good contraception, no action needed. 😂

[PRboy 0]

2 minutes ago, Mike E said:

Other than practicing  good contraception, no action needed. 😂

We were actually planning for this August as she is getting close to 30. What are the issue that might come up if she gets pregnant. 

[SalishSea 17,827]

19 minutes ago, PRboy said:

We were actually planning for this August as she is getting close to 30. What are the issue that might come up if she gets pregnant. 

There is no issue, as the child would be able to be added as a derivative to her petition.

[PRboy 0]

12 minutes ago, SalishSea said:

There is no issue, as the child would be able to be added as a derivative to her petition.

thank you. Do we have to declare if she gets pregnant. 

[SalishSea 17,827]

1 minute ago, PRboy said:

thank you. Do we have to declare if she gets pregnant. 

No.  If a baby is born, you will add him/her at that time.

[PRboy 0]

6 minutes ago, SalishSea said:

No.  If a baby is born, you will add him/her at that time.

Thanks Salish

[Mike E 11,739]

2 hours ago, PRboy said:

We were actually planning for this August as she is getting close to 30. What are the issue that might come up if she gets pregnant. 

If she gives birth outside the U.S. before she gets her visa, there is no legal issue. However, NVC has (illegally, falsely, and incorrectly) told her that her kids  must be petitioned by you. So you will have to battle NVC to assert your legal rights to file DS-260 for your child. 
 

If she gives birth after she gets a visa, and before she comes to the U.S., the rogue NVC no longer has a say. Suffice to say, it is no big deal provided there is long form birth certificate and foreign passport. I am sure the U.S. embassy in Canada lays this all out.

 

If she gives birth in the U.S., then no U.S. immigration issue. You might want to pursue a Canadian certificate of citizenship for your child, assuming at least one parent was born / naturalized in Canada.

[PRboy 0]

1 minute ago, Mike E said:

If she gives birth outside the U.S. before she gets her visa, there is no legal issue. However, NVC has (illegally, falsely, and incorrectly) told her that her kids  must be petitioned by you. So you will have to battle NVC to assert your legal rights to file DS-260 for your child. 
 

If she gives birth after she gets a visa, and before she comes to the U.S., the rogue NVC no longer has a say. Suffice to say, it is no big deal provided there is long form birth certificate and foreign passport. I am sure the U.S. embassy in Canada lays this all out.

 

If she gives birth in the U.S., then no U.S. immigration issue. You might want to pursue a Canadian certificate of citizenship for your child, assuming at least one parent was born / naturalized in Canada.

Thanks Mike. Do you know which country (US or Canada) would be better when it comes to giving birth? In Canada we have universal health care so there is no cost. In US I will have to depend on my employer's insurance. Is there any other factor I should consider?

[Mike E 11,739]

I am Canadian and would never dream of having my kids born in Canada. And they were not.

 

There are presumably reasons why  you decided to immigrate from one advanced country to another. So this is a personal choice.

 

Note that if your wife enters the U.S. on her immigration visa, she will be an LPR. If she then leaves the U.S. to give birth in Canada, she will have two years to bring the child permanently to the U.S. to bypass an immigration visa requirement. And she must bring the child on her first return after giving birth. Again, long form birth certificate and foreign passport required. Application for a re-entry permit is recommended before she leaves the U.S. to give birth.

Edited June 22, 2023 by Mike E