Approved F31 Immigrant Visa Petition. Can I bring my family with me when I migrate to the USA?

[LaineyPearl 0]

Hello folks,

 

My mother's sister petition her to migrate in the USA when I was still below 18 years of age. We recently received a notification from NVC that the petition was approved for my mother as the applicant together with my father as spouse and her child-me and my younger brother. Now I am 38 years old, my question is can I bring my wife and kids when I migrate to the USA from the Philippines? Any input and suggestion will be greatly appreciated.

 

Thank you,

Elaine

[aaron2020 11,651]

Hi,

 

You are no longer an eligible derivative beneficiary.  Once you got married, you automatically became ineligible.  The NVC does not know that you are married and that is why you are still attached to your mother's case.  

Your younger brother may have also aged out.  He may not be able to immigrate either.  In the F4 category, the age of derivative beneficiaries at the time of filing the I-130 does not matter.  It's the CSPA age of the derivative beneficiaries when the Priority Date becomes current that matters.  He should use a CSPA calculator to determine if he has aged out or not.  If he pays the DS-260 fee and he has aged out, his fee will not be refunded.
 

Your parents can become US citizens after having green cards for 5 years.  As US citizens, they can file for a married son.  That would take 20 years for you to get an immigration visa.  Your children will not be able to immigrate with you.  By that time, you would be 63 years old.  

Sorry.

[LaineyPearl 0]

Wow that is a stupid rule. How do they not know the child has not aged or married after 20 years? How stupid is that?

Edited April 30, 2021 by LaineyPearl

[aaron2020 11,651]

16 minutes ago, LaineyPearl said:

Wow that is a stupid rule. How do they not know the child has not aged or married after 20 years? How stupid is that?

I am sorry that you are disappointed.

The law has been this way for a very long time.

It's the petitioner and beneficiary's responsibility to know the law when applying for an immigration benefit.

The NVC are not magicians.  They only know information that you provide to them.  You are responsible for updating them.  You are responsible for knowing the details of your case.  

Your anger is misplaced.  

My nephew did not get marry for this reason.  He lived his life with his partner and they had children.  He immigrated as a single man.  Went back to marry.  He was separated from his wife and children for almost 3 years.  One was a 6 months old baby.  Now, his wife and children have immigrated.  

Edited April 30, 2021 by aaron2020

[LaineyPearl 0]

I am not angry. Disappointed? yes.

 

Good for your nephew.

 

Thanks for the response!