Jump to content
TTT1715

Derivative Beneficiary age-out

 Share

8 posts in this topic

Recommended Posts

Hello,

Although immigrant visas were granted to all family members (husband - benefiicary, wife, kids) including derivative beneficiaries under 21 via F4, our family could not enter to the U.S.A due to family matter before IV expiration date.

 

Now, we want to renew the IVs. Howeever, the beneficiaries became age-out and one of the beneficiary got married.

 

In this case, if we request renew the IV, can all family members including aged-out kids receive the IVs again, or only the beneficiary and the wife?

 

I would be appreicated if someone helped me out with actual case if you know.

 

Thanks,

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

When did this happen.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Country: Vietnam (no flag)
Timeline

You can not "renew" the visas.  You can apply for new ones.

 

Aged out beneficiaries will not be able to get new visas since CSPA does apply to people with visas before 2002.

 

The married derivative beneficiary is disqualified because a derivative beneficiary can not be married.

 

Once you become LPRs, you can file for the aged out unmarried children.  According to recent Visa Bulletins, the wait is 7-21 years depending on the country of birth.

 

Only US citizens can file for married children.

 

Give us a detailed account if you want good answers.  You post is vague.

Link to comment
Share on other sites

1 hour ago, aaron2020 said:

You can not "renew" the visas.  You can apply for new ones.

 

Aged out beneficiaries will not be able to get new visas since CSPA does apply to people with visas before 2002.

 

The married derivative beneficiary is disqualified because a derivative beneficiary can not be married.

 

Once you become LPRs, you can file for the aged out unmarried children.  According to recent Visa Bulletins, the wait is 7-21 years depending on the country of birth.

 

Only US citizens can file for married children.

 

Give us a detailed account if you want good answers.  You post is vague.

Thanks for your answer. BTW, if I file adult offsprings after I get LPR, initial priority date of my f4 is applied to my offsprings? (Especially for unmarried)

Link to comment
Share on other sites

7 minutes ago, TTT1715 said:

Thanks for your answer. BTW, if I file adult offsprings after I get LPR, initial priority date of my f4 is applied to my offsprings? (Especially for unmarried)

No, the date will be when USCIS receives petition in 2017 or whenever you send it in.  

ROC 2009
Naturalization 2010

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Argentina
Timeline

hi

 

you lost that visa, forget about it, immigration only gives you 6 months to enter the country, after that you loose the visa and you have to start over

 

so  your sibling has to start over, petition the i130 for you and your husband, in 13 to 21 years you will become lpr and you can come and petition for any unmarried children, which most of them will be married by the time you get your visa

 

why didn't your brother or sister file for you again? he or she could have filed for you many years ago

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...