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kaleemqureshi3000

Applying for other immigration category for a derivative beneficiary of a already applied F4 category visa

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Filed: FB-4 Visa Country: Pakistan
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My concern is this that, after applying in F4 immigration visa category is it possible for a derivative beneficiary to apply and get visa in any other immigration visa category, prior to the issuance of visa in F4 category??

Because F4 visas takes a logn time approx 10 years, so in between any other type of visa can be availed or not?

Your own assumptions are welcome but please help me by quoting / providing link about legal standing of USCIS on this issue.

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Filed: Citizen (apr) Country: Ireland
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Who is the derivative?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: FB-4 Visa Country: Pakistan
Timeline

The chidren and Spouse of Principal Beneficiary of an F4 visa category (F4 visa category is the one in which a US citizen applies for immigratn visa for his/her borthers and / or sisters) are called the Derivative Beneficiary.

Your own assumptions in this regard are welcome but please help me by quoting / providing link about legal standing of USCIS on this issue.

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Filed: K-1 Visa Country: Wales
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Google broken?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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The answer is yes. It's perfectly possible to apply under another immigration category and still retain whatever other petition you have, as long as you keep meeting the requirements for that category.

For example, for an F4 derivative you have to be either the spouse or the minor unmarried child of the principal beneficiary. Let's say that the child is 18 years old and unmarried and applies for a fiancé visa, but it doesn't work out, never gets married, and returns home.

Does he/she lose his/her possibility of immigrating under the F4? No, as long as he/she is under 21 and unmarried, and meets all other immigration requirements he/she would qualify for that visa. Had he/she gotten married, immigrating under the F4, would no longer be possible.

I had actually researched this not too long ago after making it up in my head, Here is a link with info, beginning of page 9:

http://www.state.gov/documents/organization/87391.pdf

Edited by Ian H.

This does not constitute legal advice.

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