Bringing Spouses to Live in the United States as Permanent Residents

[cmccull809 0]

Hello VJ Friends,

I am a usc,and petitioned for my mother who is already a permanent resident through IR-5 family petition. I have a 14 years old brother,he is unmarried and under 21. We had be doing some reading on uscis.gov and we saw something about a follow to join benefits. Theres is 1-130 petition for permanent residents family and there is something about this following to join benefit for an immigrants permanent residents children. Below is the information that was mentioned at the official website.

If you had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your children. In addition, your children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your children can apply for an immigrant visa.

The relationship existed at the time you became a permanent resident and still exists, AND 

You received an immigrant visa or adjusted status in a preference category. 

Does that mean that my my mother is elligible? Or the only option for her is to file I-130? I look forward to hearing from anybody that might know about this case. Thank you for your time.

[NigeriaorBust 4,087]

The I 130 is used for many classes of petitions. SO you have sibling and parents and children all using the I 130. For siblings there are deriviate people like spouses and monor children. But for your petition for your mother no deriviates , your brother needs a separate petition, from either you or your mother or both. ( backup is case one of you die )

[cmccull809 0]

The I 130 is used for many classes of petitions. SO you have sibling and parents and children all using the I 130. For siblings there are deriviate people like spouses and monor children. But for your petition for your mother no deriviates , your brother needs a separate petition, from either you or your mother or both. ( backup is case one of you die )

Thank you,that is what i wAnted to know,i was confused about this derivatives. My mother then will petition for her spouse and minor son and other children that is single and over 21. She has to do it seperately right? Is it possible to do a group family petition?

[JimVaPhuong 4,863]

Thank you,that is what i wAnted to know,i was confused about this derivatives. My mother then will petition for her spouse and minor son and other children that is single and over 21. She has to do it seperately right? Is it possible to do a group family petition?

No. Here's the deal...

There are two broad classes of visas that the I-130 is used for; immediate relatives of US citizens, and family preference categories. Immediate relatives are the "IR" and "CR" category visas. Family preference are the "F" category visas (sometimes called "FB" so as not to confuse them with "F" category student visas).

A derivative visa is a visa for a qualifying relative of the primary beneficiary, which means spouse or unmarried child under 21 years old. Family preference visas can have derivatives. Immediate relative visas cannot. "Follow to join" only applies to derivative visas.

Your mother received an immediate relative visa, which means no derivatives. A separate petition is required for anyone else to immigrate. If she applies for her husband then that would be a family preference F2A visa. Since derivatives are allowed then any unmarried children under 21 would also be able to apply for visas at the same time, or follow to join within a year. Married children or children over 21 years old would not be eligible for derivative visas. A separate petition would be required for them. An LPR can file a petition for an unmarried child over 21 years - family preference F2B. An LPR cannot file for married children - only a US citizen can do that, and it would be family preference F3.

There is no such thing as a "family group" visa petition. However, because family preference visas allows for derivatives, it may be possible for an entire family to immigrate based on a single petition, as long as everyone else who is applying for a visa is either a spouse of the primary beneficiary or an unmarried child under 21.

[RICARDO4EVA2 194]

The I 130 is used for many classes of petitions. SO you have sibling and parents and children all using the I 130. For siblings there are deriviate people like spouses and monor children. But for your petition for your mother no deriviates , your brother needs a separate petition, from either you or your mother or both. ( backup is case one of you die )

i agree with you except that 2 petitions are not necessary.

[cmccull809 0]

No. Here's the deal...

There are two broad classes of visas that the I-130 is used for; immediate relatives of US citizens, and family preference categories. Immediate relatives are the "IR" and "CR" category visas. Family preference are the "F" category visas (sometimes called "FB" so as not to confuse them with "F" category student visas).

A derivative visa is a visa for a qualifying relative of the primary beneficiary, which means spouse or unmarried child under 21 years old. Family preference visas can have derivatives. Immediate relative visas cannot. "Follow to join" only applies to derivative visas.

Your mother received an immediate relative visa, which means no derivatives. A separate petition is required for anyone else to immigrate. If she applies for her husband then that would be a family preference F2A visa. Since derivatives are allowed then any unmarried children under 21 would also be able to apply for visas at the same time, or follow to join within a year. Married children or children over 21 years old would not be eligible for derivative visas. A separate petition would be required for them. An LPR can file a petition for an unmarried child over 21 years - family preference F2B. An LPR cannot file for married children - only a US citizen can do that, and it would be family preference F3.

There is no such thing as a "family group" visa petition. However, because family preference visas allows for derivatives, it may be possible for an entire family to immigrate based on a single petition, as long as everyone else who is applying for a visa is either a spouse of the primary beneficiary or an unmarried child under 21.

Wow that is very informative,thank you. Based on your information,my mother can petition for my father and my minor age brother can apply for a visa at the same time. Does it have to be done after my mother file for the i-130? Or can it be done with the same paperwork or i-130 application for my father and brother can be included in processing the application?

If my father gets approved for the I-30 that my mother will be applying for him,my younger brother can go with him on his way to usa? Or my minor brother has to follow later?

[Boiler 43,851]

I guess I find it odd that your Mother would leave her 14 year old son and move to the US.

[cmccull809 0]

For some people it is odd,for some it is not. It is per situation. Because my mom cant take my younger brother with her right away according to the immigration rules. We have to follow. It is not that simple. And it is not that odd because my father is there for my brother and family while waiting. That is what they are for. It is a little sacrifice. That is why my mother is going to file a petition so she and family will be reunited. Thank you and have a great day my friend.

[Boiler 43,851]

They are separated now?

[JimVaPhuong 4,863]

Wow that is very informative,thank you. Based on your information,my mother can petition for my father and my minor age brother can apply for a visa at the same time. Does it have to be done after my mother file for the i-130? Or can it be done with the same paperwork or i-130 application for my father and brother can be included in processing the application?

If my father gets approved for the I-30 that my mother will be applying for him,my younger brother can go with him on his way to usa? Or my minor brother has to follow later?

The entire process can be broken down into two major steps - the petition process, and the visa application process. The petition process will involve only one beneficiary - your father. Your brother will be listed in section C.17 of the I-130, but that's not the same thing as applying for a visa. He'll be listed because the form requires all children to be listed. The petition is only for your father, though.

The visa application process will involve TWO beneficiaries - the primary beneficiary (your father) and a derivative beneficiary (your brother). This means two separate visa applications. An approved F2A petition for your father will automatically make your brother eligible to apply for a visa.