For parent: DS-260 question "Is your spouse immigrating to the U.S. at a later date"

[irertwert 1]

I am a US citizen, got an approved I-130 for my mother. Her husband is not my father, so I didn't apply for him.

My mom is filling DS-260 right now, and she came upon two questions:

-  "Is your spouse immigrating to the U.S. with you?" - obviously No, since he is not part of the petition and is not applying for a visa.

-  "Is your spouse immigrating to the U.S. at a later date to join you?" - we don't know how to answer that.

 

There is no immigration petition or anything started or in process for her husband. My mother might start that I-130 petition herself after she becomes an LPR, but for now there is nothing.

Should she answer Yes or No?

What does this question even mean?

[appleblossom 2,509]

So she’s leaving her spouse behind, he’s not been petitioned for and he’s staying in their home country? Just checking as it’s an unusual situation, particularly as you mention her possibly sponsoring him further down the line? 
 

If so, the answer is no. She’d answer yes if you’d petitioned for both of them and he was going to follow/move at a later date. 

Edited October 23, 2023 by appleblossom

[SalishSea 17,829]

3 hours ago, irertwert said:

I am a US citizen, got an approved I-130 for my mother. Her husband is not my father, so I didn't apply for him.

My mom is filling DS-260 right now, and she came upon two questions:

-  "Is your spouse immigrating to the U.S. with you?" - obviously No, since he is not part of the petition and is not applying for a visa.

-  "Is your spouse immigrating to the U.S. at a later date to join you?" - we don't know how to answer that.

 

There is no immigration petition or anything started or in process for her husband. My mother might start that I-130 petition herself after she becomes an LPR, but for now there is nothing.

Should she answer Yes or No?

What does this question even mean?

The answer is no.   He doesn’t qualify as follow-to-join and will need to be petitioned by her if he wants to immigrate someday.

[Lil bear 4,205]

3 hours ago, appleblossom said:

So she’s leaving her spouse behind, he’s not been petitioned for and he’s staying in their home country? Just checking as it’s an unusual situation, particularly as you mention her possibly sponsoring him further down the line? 
 

If so, the answer is no. She’d answer yes if you’d petitioned for both of them and he was going to follow/move at a later date. 

For IR visas with no derivatives allowed .. such as IR5.. the answer is always “No”.  Its actually a Not Applicable question for this beneficiary.   From personal experience. Husband and I were both petitioned by our USC son for IR5 visas. 2 seperate I130 applications   We interviewed at the same time , arrived at POE on the same flight, stood together at the CBP booth.. But we each were immigrating separately.. the DS260 question on each of our applications was answered “no” 

[appleblossom 2,509]

11 hours ago, Lil bear said:

For IR visas with no derivatives allowed .. such as IR5.. the answer is always “No”.  Its actually a Not Applicable question for this beneficiary.   From personal experience. Husband and I were both petitioned by our USC son for IR5 visas. 2 seperate I130 applications   We interviewed at the same time , arrived at POE on the same flight, stood together at the CBP booth.. But we each were immigrating separately.. the DS260 question on each of our applications was answered “no” 

 

Yes, sorry, maybe I wasn't clear enough in my response. Answer definitely no and would only be yes to people who've applied together i.e. a sibling sponsored with a spouse joining.

[irertwert 1]

thank you all. it's clear now that we'll answer NO to both.

 

it's not an unusual situation - I am sure lots of IR5 have the same.