bringing a son to the states

[iamvictorious 0]

I have a friend whose dad filed for him to come to the states. He received the letter with a case number but isnt sure if he should wait for the Consulate to contact him or if he should contact them. He is also married now with a child. When his dad first filed for him he wasnt married. Will the dad have to file for the wife and child or will they be considered under his petition?...thank you

[JimVaPhuong 4,865]

I have a friend whose dad filed for him to come to the states. He received the letter with a case number but isnt sure if he should wait for the Consulate to contact him or if he should contact them. He is also married now with a child. When his dad first filed for him he wasnt married. Will the dad have to file for the wife and child or will they be considered under his petition?...thank you

Is his dad a US citizen? If so then his visa category is family preference F3. His wife and child will be eligible for derivative visas based on the same petition. However, he'll have to wait until his priority date is current and they finish NVC processing before they'll be able to apply for visas. The current cutoff date for the F3 category is September 8, 2001. Was the petition filed before that date?

If his dad is a permanent resident rather than a US citizen then he's not eligible for any sort of visa because of his marriage.

[Good Life 7]

I believe the petition only covers the unmarried child of the US citizen. The Dad cannot file for the wife and the child. The application was done when he was unmarried, why did he complicate issues by getting married? He better consult an immigration attorney before he proceeds any further. Since he already got the case number he can contact the embassy and they will give him further infromation on the next line of action.

[iamvictorious 0]

I just spoke to my friend. His father came to the U.S years ago and when he filed he filed for a F1 visa when his son wasnt married. The son has waited about 2 years thinking the Embassy would contact him. Last year he got married and is still waiting. I told him that the F-1 is for unmarried son who is over 21.

I also told him that his father will have to file a I 130...am i correct? If not what should they do now?

[iamvictorious 0]

What if the dad came through the lottery...is he considered a permanent residence?

[JimVaPhuong 4,865]

I believe the petition only covers the unmarried child of the US citizen. The Dad cannot file for the wife and the child. The application was done when he was unmarried, why did he complicate issues by getting married? He better consult an immigration attorney before he proceeds any further. Since he already got the case number he can contact the embassy and they will give him further infromation on the next line of action.

The visa category depends on the primary beneficiary. If the primary beneficiary is unmarried and under 21 years old then the visa category is immediate relative CR2, and there can be no derivative visas. If the primary beneficiary is unmarried and over 21 years old then the visa category is family preference F1, and there CAN be derivative visas. In other words, if the primary beneficiary is the unmarried son or daughter of a US citizen then the visa category is F1, and the minor children of the primary beneficiary can also apply for visas. If the primary beneficiary is married then the visa category is family preference F3, and there CAN be derivative visas - the primary beneficiary's spouse and minor children can apply for visas. All family preference visa categories allow for derivatives. Immediate relative categories do not.

I just spoke to my friend. His father came to the U.S years ago and when he filed he filed for a F1 visa when his son wasnt married. The son has waited about 2 years thinking the Embassy would contact him. Last year he got married and is still waiting. I told him that the F-1 is for unmarried son who is over 21.

I also told him that his father will have to file a I 130...am i correct? If not what should they do now?

The embassy isn't going to contact him until they get the petition from the NVC. That isn't going to happen until the priority date is current and they've completed NVC processing. When was the petition filed?

What if the dad came through the lottery...is he considered a permanent residence?

He would have been a permanent resident when he arrived. This means he would have gotten a green card. He would have been eligible to apply for US citizenship after being a permanent resident for five years. Did he become a US citizen? If so, did he send the I-130 before or after he became a US citizen? If before, did he upgrade the petition with USCIS after he became a US citizen?

It's difficult to answer your questions because we have no idea what qualifies the petitioner to file a petition - permanent resident or US citizen, and what stage the process is at.

[iamvictorious 0]

@ JimVaPhuong...i told him to contact NVC and give them the case number and maybe they can instruct him what to do...but thank you so much...