LPR dad wants to add 2 daughters as derivatives to wife's petition

[cEzYcHiC 0]

Hello All!

I am not sure if this topic was addressed before but I hope my fellow VJ'ers can help me out. I am a USC and just finished an IR-5 petition for my dad and he's currently living with me. My dad is planning to petition my mom and sisters that are ages 17 and 18. We read here that we can include my sisters as derivatives to my mom's petition to save money in filing an I-130. If this is possible, how do we do this and what forms to fill out and evidence to provide? Will CSPA be able to cover my other sister who is currently 18? And lastly, approximately how long will it take to process this petition?

Appreciate everybody's help. Thank you and God bless!

[aleful 1,905]

hi

yes he can, because they are under 21, they have to send copy of birth certificate, where your dad appears and a translation in English for each of them

as long as the have their interview before 21, they will be fine. He should file immediately to get the ball rolling

[Ian H. 207]

Hi,

Your dad should file for them ASAP. The petition will be for your mother for $420 and there he would include your sisters without an extra fee.

Your 18 year old sister should be fine since most likely the case will be done before turning 21. I'm not sure how CSPA works, but by filing ASAP and submitting docs right away she can come here as part of your mom's petition.

Technically hey don't need the birth certificates, only the mom's marriage cert and evidence of bona fide marriage. Although you can include the copies birth certificates of the 3 of you as evidence of bona fide marriage in addition to whatever else your parents may have.

All of the necessary docs like BC's, marriage cert, passports will be at the NVC stage. They will also need their own IV fee each. They can all be included under one AOS. They will also need medicals, police reports and interview. Good luck.

[cEzYcHiC 0]

@Ian H: so does my dad needs to fill another I-130 for each of my sisters or he can do this when in the NVC stage? Also, if he's going to fill an I-130 for each daughter, does he only pay $420 or $420 each? I'm thinking of sending out the application as soon as i hear from you.

[Ian H. 207]

Hi,

No, he doesn't need another petition for your sisters. As an LPR he is able to petition for his wife and any unmarried children under 21 that she may have, whether they are his or not. Therefore, by petitioning for your mom he only needs one petition for $420.

In this form, your mother will be the main immigrant or beneficiary and your sisters would be the derivatives. In part C on the form, your dad puts himself first as her spouse, then he puts your mom's other children, this is where your sisters go.

By being included on this petition they will automatically be able to apply for visas with mom and proceed together with NVC processing. Please read all instructions carefully and look at the guides for help filling out the form and what evidence you should include. If you don't understand a part of the form, please ask.

@Ian H: so does my dad needs to fill another I-130 for each of my sisters or he can do this when in the NVC stage? Also, if he's going to fill an I-130 for each daughter, does he only pay $420 or $420 each? I'm thinking of sending out the application as soon as i hear from you.

Edited October 13, 2014 by Ian H.

[jvll8019 0]

Hi,

No, he doesn't need another petition for your sisters. As an LPR he is able to petition for his wife and any unmarried children under 21 that she may have, whether they are his or not. Therefore, by petitioning for your mom he only needs one petition for $420.

In this form, your mother will be the main immigrant or beneficiary and your sisters would be the derivatives. In part C on the form, your dad puts himself first as her spouse, then he puts your mom's other children, this is where your sisters go.

By being included on this petition they will automatically be able to apply for visas with mom and proceed together with NVC processing. Please read all instructions carefully and look at the guides for help filling out the form and what evidence you should include. If you don't understand a part of the form, please ask.

hello there, i have a question since my brother petiotn for his wife and two daughters but my niece just had a bby three months ago will the baby be bale to come to us under my niece petition they'll be in cdj some time next week and would like to know asap what wil happen to the baby. will my niece be denied because she recently have a child or will they both be granted the green card..

[Ian H. 207]

Hi,

Unfortunately, the baby won't be eligible for a visa. If the baby had been born after your niece's visa was issued, then yes the baby would be able to travel. There is no visa available for the child of a derivate beneficiary.

She will not be denied because of the baby, so you won't have to worry about that. However, she won't be able to travel with the child, she can petition the child upon becoming an LPR.

Is your brother a USC and is your niece under 18? If so, she would become a USC upon entry and her baby would be in IR2 category instead of F2A.

In any case, unfortunately she cannot travel with the baby.

hello there, i have a question since my brother petiotn for his wife and two daughters but my niece just had a bby three months ago will the baby be bale to come to us under my niece petition they'll be in cdj some time next week and would like to know asap what wil happen to the baby. will my niece be denied because she recently have a child or will they both be granted the green card..

[Ian H. 207]

You know I hate this kind of system, they should be able to in the case of a small child allow for some form of nonimmigrant visa for travel such as V visa, and then the child can do AOS when the PD is reached. This separation of families is sickening.

[Talha282 0]

hi...I want vj members help

My sister apply for my mom 3 months ago under IR-5 parents visa.

I am under 21 years of age currently my age is 18.5 years. My sister mentioned my age in the petition. She told me that there is a chance to me to get interview with my mom.

Is it true?

[Phillip Kazuto 28]

hi...I want vj members help

My sister apply for my mom 3 months ago under IR-5 parents visa.

I am under 21 years of age currently my age is 18.5 years. My sister mentioned my age in the petition. She told me that there is a chance to me to get interview with my mom.

Is it true?

That's not true , she can't add derivative under IR5 which mean you'll have to wait till your mother go to US then file another petition for you and it will be F2A.

Make sure she file the petition as soon as she get into US just so your petition will be approved while you're still under 21.

If you're over 21 , then you will be in F2B category and the waiting time is long enough and you can't get married.

Edited October 14, 2014 by Phillip Wu

[Talha282 0]

thanx..

how long it will take for F2A visa processing?

[Phillip Kazuto 28]

thanx..

how long it will take for F2A visa processing?

around 2 years , mine has been taking for 1 year 6 months now

[Ian H. 207]

You are will be dangerously close to turning 21 by the time your case is at the NVC. Therefore, when your mom's case is at the NVC, your sister should make sure that mom's case is processed fast, by submitting everything correctly and right away. She should start gathering the docs now and preparing all of the forms, so all she has to do is submit them. Also, when she receives her visa, she should travel right away, in order to petition you right away since she can't do so until she enters the US as an LPR.

thanx..
how long it will take for F2A visa processing?

[fatherofthree 2]

Hi,

No, he doesn't need another petition for your sisters. As an LPR he is able to petition for his wife and any unmarried children under 21 that she may have, whether they are his or not. Therefore, by petitioning for your mom he only needs one petition for $420.

In this form, your mother will be the main immigrant or beneficiary and your sisters would be the derivatives. In part C on the form, your dad puts himself first as her spouse, then he puts your mom's other children, this is where your sisters go.

By being included on this petition they will automatically be able to apply for visas with mom and proceed together with NVC processing. Please read all instructions carefully and look at the guides for help filling out the form and what evidence you should include. If you don't understand a part of the form, please ask.

Thanks for the advice. I already sent out the application today. Fingers crossed to hear from USCIS soon.