What will happen to my children?

[ADMIRE 3]

Hi everyone,

I am sorry if this isnt the right place to post this. Maybe the Administrator can help move it to the appropriate forum.

Here is the short story.

I am the beneficiary and our 2 children are to derive their benefits under my application. However, our case is pending AP, and the CO made mention to me at my 5th interview in July last year that if/when my husband becomes a citizen our children's visa could not be granted under my application again, that their status wld then be the children of a USC and as such each child wld be treated individually.

I then asked if the $400 each that we paid wld be transfered (as in if we wldnt need to pay any new funds), and she said she doesnt know.

We then decided to hold on the naturalization process but uptil now, we still are held up on AP(even though i was given a welcome letter and visa pick up letter at my jan 26th interview!). Husband hasnt been able to pick up some jobs cos they require US citizenship, and honestly, we can do with a boost of his income.

Hence we decided to go on with naturalization process but wld like to know:

1. Does he need to fill out any forms indicating to the embassy he is now a USC (when he turns one)?

2. File a new I-130 for the children AND wait for so long again?

3. Pay new fees or whatever it is one needs to do?

I hope i have been very explicit. Pls do noy just read and glide on. Your informative response wld be highly appreciated.

Watching and waiting.

[Khaled_usa 0]

Hi everyone,

I am sorry if this isnt the right place to post this. Maybe the Administrator can help move it to the appropriate forum.

Here is the short story.

I am the beneficiary and our 2 children are to derive their benefits under my application. However, our case is pending AP, and the CO made mention to me at my 5th interview in July last year that if/when my husband becomes a citizen our children's visa could not be granted under my application again, that their status wld then be the children of a USC and as such each child wld be treated individually.

I then asked if the $400 each that we paid wld be transfered (as in if we wldnt need to pay any new funds), and she said she doesnt know.

We then decided to hold on the naturalization process but uptil now, we still are held up on AP(even though i was given a welcome letter and visa pick up letter at my jan 26th interview!). Husband hasnt been able to pick up some jobs cos they require US citizenship, and honestly, we can do with a boost of his income.

Hence we decided to go on with naturalization process but wld like to know:

1. Does he need to fill out any forms indicating to the embassy he is now a USC (when he turns one)?

2. File a new I-130 for the children AND wait for so long again?

3. Pay new fees or whatever it is one needs to do?

I hope i have been very explicit. Pls do noy just read and glide on. Your informative response wld be highly appreciated.

Watching and waiting.

Let me give one answer.....

DO NOT APPLY FOR CITIZENSHIP!!!! just stay on F2A, according to your timeline you're on current priority date and embassy put you on AP. If your husband become US citizen, then your childs falling to F1 category( if over 21 years) which priority date Jan/2005..doesn't match on your priority date.

If your children is under 18 years old...then they can fall into immidiate relatives category which your husband has to be US citizen. Doesn't need to wait for VISA numbers!

For AP issue, ask your husband to request constitution help from his state senator..many of Vj'er got help from them!!!

Good Luck!!

[Deputy Purple 1,294]

Please clarify something: Your husband is currently a LPR and filed I-130 petitions for each of you and your children?

If there is an approved I-130 for each child then they are not receiving immigration benefits as derivatives of your case but they actually each have their own case.

Once the Petitioner is a USC then each of the 3 cases (you and each child) can be upgraded to Immediate relative of USC (IR/CR-1 for you IR/CR-2 for the children).

[ADMIRE 3]

Please clarify something: Your husband is currently a LPR and filed I-130 petitions for each of you and your children?

If there is an approved I-130 for each child then they are not receiving immigration benefits as derivatives of your case but they actually each have their own case.

Once the Petitioner is a USC then each of the 3 cases (you and each child) can be upgraded to Immediate relative of USC (IR/CR-1 for you IR/CR-2 for the children).

Thanks for the reply. He filed one I 130, after d birth of each of the children we sent in their birth certs and they were automatically added as derivatives of my i130. So they are under my case.

[Kathryn41 3,205]

Triplicate threads moved from 3 separate forums and merged together here in the US Citizenship General Discussion forum as the most appropriate location for this discussion. Duplicated posts have been removed.

Edited February 18, 2011 by Kathryn41

[GreatGuy 0]

Can you please provide additional information about why your children were not approved with your Visa? how old are they? Did the CO explain (or provide written letter) why it is only your visa that is being approved?

[NigeriaorBust 4,087]

There are no derivative visas on a spousal visa. They each need their own visa. But it sounds like you started their own. Who did you pay the 400 to and what did they say it was for ?