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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

HELLO VJ FAMILY,

I NEED SOME INFORMATION ON MY BEST FRIENDS PETITION.....HER FATHER'S BROTHER HAS BEEN IN THIS COUNTRY FOR OVER 30 YEARS AND FILLED TO HIS BROTHER AND ALL HIS CHILDREN TO COME JOIN HIM HERE IN AMERICA..

BUT BY THE TIME THE VISA NUMBER BECAME AVAILABLE , MY BEST FRIENDS WIFE WHO WAS INCLUDED IN HER DADS APPLICATION HAS BEEN MARRIED .HER FATHER AND HER OTHER BROTHERS WHO WERE STILL SINGLE WENT FOR THE INTERVIEW BUT MY BEST FRIENDS WIFE WHO WAS THE FIRST CHILD OF HER FATHER AND WAS ALSO INCLUDED IN THE APPLICATIONHAD A CAR ACCIDENT AND WAS UNABLE TO FOLLOW THEM TO THE INTERVIEW.

SO MY QUESTION IS,

1.IS SHE ELIGIBLE TO GO FOR HER INTERVIEW NOW THAT SHE IS BETTER

2.WILL HER NOT GOING FOR THE INTERVIEW THE FIRST TIME DISQUALIFY HER.

3.WILL IT BE POSSIBLE FOR HER TO BRING HER HUSBAND AND KIDS TO THE INTERVIEW NOW THAT SHE IS NO MORE SINGLE BY THE TIME THE APPLICATION MATURED.

YOUR INPUT WILL BE APPRECIATED

Filed: Citizen (apr) Country: Argentina
Timeline
Posted (edited)

HELLO VJ FAMILY,

I NEED SOME INFORMATION ON MY BEST FRIENDS PETITION.....HER FATHER'S BROTHER HAS BEEN IN THIS COUNTRY FOR OVER 30 YEARS AND FILLED TO HIS BROTHER AND ALL HIS CHILDREN TO COME JOIN HIM HERE IN AMERICA..

BUT BY THE TIME THE VISA NUMBER BECAME AVAILABLE , MY BEST FRIENDS WIFE WHO WAS INCLUDED IN HER DADS APPLICATION HAS BEEN MARRIED .HER FATHER AND HER OTHER BROTHERS WHO WERE STILL SINGLE WENT FOR THE INTERVIEW BUT MY BEST FRIENDS WIFE WHO WAS THE FIRST CHILD OF HER FATHER AND WAS ALSO INCLUDED IN THE APPLICATIONHAD A CAR ACCIDENT AND WAS UNABLE TO FOLLOW THEM TO THE INTERVIEW.

SO MY QUESTION IS,

1.IS SHE ELIGIBLE TO GO FOR HER INTERVIEW NOW THAT SHE IS BETTER

2.WILL HER NOT GOING FOR THE INTERVIEW THE FIRST TIME DISQUALIFY HER.

3.WILL IT BE POSSIBLE FOR HER TO BRING HER HUSBAND AND KIDS TO THE INTERVIEW NOW THAT SHE IS NO MORE SINGLE BY THE TIME THE APPLICATION MATURED.

YOUR INPUT WILL BE APPRECIATED

she's out of the petition, once she married, she was out of it, even if she would have gone to the interview, she didn't qualify because she married. she wouldn't have gotten her visa.

siblings can peitition married siblings and their familiy: the spouse and unmarried children under 21.

once the children marry, the aren't included anymore.

that petition doesn't exist anymore, I imagine that her family immigrated to the US. the petition has been filed.

since she is married, she will have to wait until her parents become US Citizens to file a new petition for her or if her siblings are 21 or over, they can file a new petition for her.

Edited by aleful
Filed: FB-4 Visa Country: India
Timeline
Posted

she's out of the petition, once she married, she was out of it, even if she would have gone to the interview, she didn't qualify because she married. she wouldn't have gotten her visa.

siblings can peitition married siblings and their familiy: the spouse and unmarried children under 21.

once the children marry, the aren't included anymore.

that petition doesn't exist anymore, I imagine that her family immigrated to the US. the petition has been filed.

since she is married, she will have to wait until her parents become US Citizens to file a new petition for her or if her siblings are 21 or over, they can file a new petition for her.

:yes:

:thumbs:

Filed: Country: Vietnam (no flag)
Timeline
Posted

HELLO VJ FAMILY,

I NEED SOME INFORMATION ON MY BEST FRIENDS PETITION.....HER FATHER'S BROTHER HAS BEEN IN THIS COUNTRY FOR OVER 30 YEARS AND FILLED TO HIS BROTHER AND ALL HIS CHILDREN TO COME JOIN HIM HERE IN AMERICA..

BUT BY THE TIME THE VISA NUMBER BECAME AVAILABLE , MY BEST FRIENDS WIFE WHO WAS INCLUDED IN HER DADS APPLICATION HAS BEEN MARRIED .HER FATHER AND HER OTHER BROTHERS WHO WERE STILL SINGLE WENT FOR THE INTERVIEW BUT MY BEST FRIENDS WIFE WHO WAS THE FIRST CHILD OF HER FATHER AND WAS ALSO INCLUDED IN THE APPLICATIONHAD A CAR ACCIDENT AND WAS UNABLE TO FOLLOW THEM TO THE INTERVIEW.

SO MY QUESTION IS,

1.IS SHE ELIGIBLE TO GO FOR HER INTERVIEW NOW THAT SHE IS BETTER She can go, but she will not qualify for a visa as a derivative beneficiary because she is married. Married children cannot be derivative beneficiaries.

2.WILL HER NOT GOING FOR THE INTERVIEW THE FIRST TIME DISQUALIFY HER. Missing the interview is meaningless. It's her marriage that disqualified her.

3.WILL IT BE POSSIBLE FOR HER TO BRING HER HUSBAND AND KIDS TO THE INTERVIEW NOW THAT SHE IS NO MORE SINGLE BY THE TIME THE APPLICATION MATURED. No. She no longer qualifies. In addition, the petition for the father does not allow him to bring son-in-law and grandchildren with him.

YOUR INPUT WILL BE APPRECIATED

There is no need to shout - stop typing in call CAPS. It's really annoying to read.

The uncle did not file a petition for her father and all his children. The petition is for the father. When he immigrates, he can bring his dependent children with him. It's a common misconception that the petition includes all the children. The father is the "beneficiary." The dependent children are "derivative beneficiaries." Derivative beneficiaries means they derive a benefit from their father because they are his dependent children.

Once a derivative beneficiary gets marry, that child is no longer dependent on his/her parent. That child has gone off to establish a new family with her husband and children. Marriage ends her derivative beneficiary status. She no longer qualifies to accompany her beneficiary father to immigrate to the US.

---------------

The father and his unmarried children under CSPA age of 21 can immigrate.

The married daughter cannot immigrate with her father.

For your friend and his wife to immigrate to the US through the father, it is going to take 15-18 years. First, the father or a sibling must become a US citizen. That takes 5-6 years after they get their green cards. Only US citizens can petition for a married daughter or a sister. An LPR can never petition for a married daughter or a sister. Second, the US citizen father files for his married daughter or the US citizen sibling files for his/her sister. That takes 10-12 years. There is no quicker way through family immigration for the married daughter/sister. It will be 15-18 years.

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

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