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Pinkrlion

Bringing children under I-824

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Does anyone have experience in completing I-824 follow to join of minor children.  Looking for help, is it two separate petitions or can both be named on the same petition.  Also, will I need father's permission with this kind of petition? It states that I have one year, does that mean one year to file or one year to complete the process?

 

i have already gathered the supporting documents.  Any help in understanding will be appreciated.  


Phase I - IV - Completed the Immigration Journey 

 

 

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According to your timeline you immigrated 7 years ago. A LPR can petition unmarried children, depending on their age they may or may not need parental approval.


“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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6 minutes ago, Boiler said:

According to your timeline you immigrated 7 years ago.

And naturalized 2 years ago: https://www.visajourney.com/timeline/profile.php?id=130609

31 minutes ago, Pinkrlion said:

Does anyone have experience in completing I-824 follow to join of minor children.

Is the following process what you are referring to? https://www.***removed***/greencard/***removed***/following-to-join-benefits.html When you adjusted status you did so as an Immediate Relative. Thus, this process never applied to your children: "This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen."

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57 minutes ago, Boiler said:

According to your timeline you immigrated 7 years ago. A LPR can petition unmarried children, depending on their age they may or may not need parental approval.

Thanks - on a different life journey but AOS recently completed..and can use I-824 for follow to join children.  

44 minutes ago, HRQX said:

And naturalized 2 years ago: https://www.visajourney.com/timeline/profile.php?id=130609

Is the following process what you are referring to? https://www.***removed***/greencard/***removed***/following-to-join-benefits.html When you adjusted status you did so as an Immediate Relative. Thus, this process never applied to your children: "This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen."

Thanks on a different life journey but received AOS recently and can use I-824 follow to join minor children.  

Edited by Pinkrlion

Phase I - IV - Completed the Immigration Journey 

 

 

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The only life journey that can be commented on is the only known about.


“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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AoS from what?


“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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27 minutes ago, Pinkrlion said:

AOS approved on 8/15/19

From what and for whom?  Have you ever petitioned for the kids?

Edited by payxibka

YMMV

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Are my spouse and children eligible for green cards if I did not include them on my green card application? What are follow-to-join benefits?

If you were married or had children at the time your green card application was approved and your spouse or children did not apply for their green cards at that time, they may still be eligible for follow-to-join benefits to allow them to immigrate to the United States.

 

The advantage of this procedure is that there is no need to submit a separate Form I-130 and your spouse and children do not have to wait until their visa number becomes current to apply for green cards. Please see more information about when your visa number becomes current here.

 

Eligibility for Follow-to-join benefits

There are two requirements that need to be satisfied for your spouse or children to be eligible for follow-to-join benefits.

  1. You must have been married/you must have had children at the time your green card application was approved and the relationship must still exist. After your child turns 21 or after your child marries, he or she is no longer able to follow to join you.
  1. You must have received an immigrant visa or adjusted status in a preference category. Your spouse or children can only follow to join you if you obtained your green card based on one of the following categories: Family preference category, Employment based petition, Religious worker or VAWA petition, or Diversity visa petition.

 

Applying for Follow-to-join benefits

 If you are in the U.S. and you are planning to apply for a green card and your spouse or children are outside the U.S. and are planning to apply for their green cards as well you can file Form I-824 (the form must be completed and signed by you) together with your adjustment of status application. In the Dependents section of Form I-824, you would specify the dependents (your spouse or children) who want to use follow-to-join benefits. The advantage of this procedure is that  that you do not have to file any additional documents except those already required to adjust your status.

 On the other hand, if you already adjusted your status, and your green card application was approved, you will need to submit the following document: Form I-824 (completed and signed by you), copy of your green card application, copy of your I-797 (Notice of Action) for the original petition, and copy of Form I-551 (green card). On I-824, you will need to specify which U.S. Consulate you want to notify and that will be the Consulate at which your spouse or children will have their interview.

The current processing time for I-824 petition is between 6.5-11.5 months. Once USCIS approves your petition, it will send you a Notice of Approval (Form I-797). USCIS will then sent the application to the National Visa Center (“NVC”). NVC will then send you a letter notifying you that it received the petition and it will explain the next steps. It may take up to 6 weeks to receive this letter from the NVC. Your wife or children will then have to submit visa application forms (DS-260) and supporting documents. Thereafter, they will be able to schedule an interview at the requested U.S. Consulate.


Phase I - IV - Completed the Immigration Journey 

 

 

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If you want your questions answered, then answer the questions that you are being asked. 

 

Who petitioned you?  Is the petitioner a USC or LPR?  On what basis did you AOS?  

 

Without you answering those questions, no one will be able to tell you if your children can do follow to join.  

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