I-130 process for a daughter

[rooji 25]

Hello,

 

I have a question in regards to the derivative of a petition of a daughter. My mother-in-law wants to apply for her daughter and she wanted to know whether it is a must to include the husband as derivative or can we just keep it to kids only?

 

The reason being that her husband is in a polygamy marriage while my sister-in-law is only married to him. She doesn't want to bring him to usa and neither does my mother-in-law want to bring him (they don't like him) and he is not willing to divorce her. It is really bad situation. but she has 2 biological daughters that she wants to bring with her. one is younger than 18 and other is younger than 21. I know the older one might not be able to migrate but the younger can. the husband is willing to let her go but he is not willing to divorce her for selfish reasons.

 

So can we do that?

Thanks

rooj

[Verrou 1,962]

16 minutes ago, rooji said:

Hello,

 

I have a question in regards to the derivative of a petition of a daughter. My mother-in-law wants to apply for her daughter and she wanted to know whether it is a must to include the husband as derivative or can we just keep it to kids only?

 

The reason being that her husband is in a polygamy marriage while my sister-in-law is only married to him. She doesn't want to bring him to usa and neither does my mother-in-law want to bring him (they don't like him) and he is not willing to divorce her. It is really bad situation. but she has 2 biological daughters that she wants to bring with her. one is younger than 18 and other is younger than 21. I know the older one might not be able to migrate but the younger can. the husband is willing to let her go but he is not willing to divorce her for selfish reasons.

 

So can we do that?

Thanks

rooj

MIL can pick and choose whoever she wants to sponsor. just to make sure that her daughter can bring the kids to the US with the father's consent if they are below 21 at that time. it need consent letter from the father

[Boiler 45,658]

She can not apply for the husband if she wanted to.

 

So yes file away for the daughter.

 

If they have not divorced by then the daughter does not need to include the husband.

 

I assume the grandchildren will be too old, well I do not see how they could not be 

 

The daughter can petition them when she gets here as long as they remain single, or wait to naturalize if they marry

[rooji 25]

46 minutes ago, Verrou said:

MIL can pick and choose whoever she wants to sponsor. just to make sure that her daughter can bring the kids to the US with the father's consent if they are below 21 at that time. it need consent letter from the father

 

That is helpful. MIL is only going to be sponsoring the daughter of course.

[rooji 25]

43 minutes ago, Boiler said:

She can not apply for the husband if she wanted to.

 

So yes file away for the daughter.

 

If they have not divorced by then the daughter does not need to include the husband.

 

I assume the grandchildren will be too old, well I do not see how they could not be 

 

The daughter can petition them when she gets here as long as they remain single, or wait to naturalize if they marry

 

MIL is not applying for the husband, even I know that. she is going to apply for daughter. I am asking whether we can choose not to include the spouse when adding the derivatives?

 

her youngest daughter is only 12 but yes she might age out if it is not approved before that.

 

older one is definitely going to be aging out anyways.

 

Rest I know.

[Boiler 45,658]

The Derivatives come into it when the Priority Date is current, she is married so he gets a mention on the I 130.

 

12 year old, they would need to be really slow approving the I 130. Anyway nothing you can do about that other than file asap.

Edited August 23, 2023 by Boiler

[rooji 25]

8 minutes ago, Boiler said:

The Derivatives come into it when the Priority Date is current, she is married so he gets a mention on the I 130.

 

12 year old, they would need to be really slow approving the I 130. Anyway nothing you can do about that other than file asap.

 

what if she doesn't want to mention the husband for migration? can she just mention she is married but not include him when it comes time to actually migrating? i mean what if he doesn't divorce her, can she still migrate here?

[appleblossom 2,685]

52 minutes ago, rooji said:

 

what if she doesn't want to mention the husband for migration? can she just mention she is married but not include him when it comes time to actually migrating? i mean what if he doesn't divorce her, can she still migrate here?

She cannot lie, and must disclose the husband, but he won’t get a visa. Presumably she’s aware that if she’s married it will take many more years? 

[rooji 25]

2 minutes ago, appleblossom said:

She cannot lie, and must disclose the husband, but he won’t get a visa. Presumably she’s aware that if she’s married it will take many more years? 

before anyone jump a gun on me and starts accusing me of doing fraud or anything like that.

 

i am not suggesting that she lies about her marital status. I know she has to mention that but the question is whether she should add him as derivative when the time comes to migrate with her? I mean what if only she immigrates or her kids do? Is that okay? because the husband will not divorce her so she will be immigrating herself and if her youngest is allowed to immigrate with her as derivative then great if not then I know she will have to apply for her daughters.

[appleblossom 2,685]

Just now, rooji said:

before anyone jump a gun on me and starts accusing me of doing fraud or anything like that.

 

i am not suggesting that she lies about her marital status. I know she has to mention that but the question is whether she should add him as derivative when the time comes to migrate with her? I mean what if only she immigrates or her kids do? Is that okay? because the husband will not divorce her so she will be immigrating herself and if her youngest is allowed to immigrate with her as derivative then great if not then I know she will have to apply for her daughters.

That’s fine, she can immigrate alone. it might raise questions if she’s married but her husband isn’t moving with her, so I’d suggest she starts gathering proof of them living separately and ideally get in writing that he won’t divorce her.  Can she not divorce him or do both parties have to agree wherever she is? 
 

But as said above it will add many years to the process, so she needs to be prepared for that. It’ll put her in the F3 category rather than F1 -  https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html

[Boiler 45,658]

1 hour ago, rooji said:

 

what if she doesn't want to mention the husband for migration? can she just mention she is married but not include him when it comes time to actually migrating? i mean what if he doesn't divorce her, can she still migrate here?

The I 130 is filled in by MIL, and it asks about daughter and daughters family which includes the Husband.

 

The form she fills in the DS 260 comes into play when her Priority Date is current, so not know.

 

No doubt it will be revised  a few times between then and now. The MIL has to complete the I 864 and will no doubt not be including the Husband as a Beneficiary, well the current one anyway.

 

If you are concerned about the current Husband tagging along by mistake, not going to happen. Apart from anything else no way he would know.

[Boiler 45,658]

13 minutes ago, appleblossom said:

That’s fine, she can immigrate alone. it might raise questions if she’s married but her husband isn’t moving with her, so I’d suggest she starts gathering proof of them living separately and ideally get in writing that he won’t divorce her.  Can she not divorce him or do both parties have to agree wherever she is? 
 

The Consulate could care less about her Husband not coming, it is totally up to her which potential Beneficiaries tag along or do not. Well the MiL has a say due to the I 864.

 

If they did ask, well Separated is a quick and easy answer.

[rooji 25]

23 minutes ago, appleblossom said:

That’s fine, she can immigrate alone. it might raise questions if she’s married but her husband isn’t moving with her, so I’d suggest she starts gathering proof of them living separately and ideally get in writing that he won’t divorce her.  Can she not divorce him or do both parties have to agree wherever she is? 
 

But as said above it will add many years to the process, so she needs to be prepared for that. It’ll put her in the F3 category rather than F1 -  https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html

 

Yes unfortunately in Pakistan the man can delay the process by not signing the divorce. she can serve the papers but he is not willing to divorce her (selfish reasons) the only way I see is that he dies (since his healthy seems to indicate that).

 

so if she does fall under the f3 category is it because her husband might not immigrate or is it because she is daughter and married? how long does the process usually take?

 

proof of living separately is easy. he hardly comes and see her as he is always with his other wife and lives in that other house.

[rooji 25]

16 minutes ago, Boiler said:

The I 130 is filled in by MIL, and it asks about daughter and daughters family which includes the Husband.

 

The form she fills in the DS 260 comes into play when her Priority Date is current, so not know.

 

No doubt it will be revised  a few times between then and now. The MIL has to complete the I 864 and will no doubt not be including the Husband as a Beneficiary, well the current one anyway.

 

If you are concerned about the current Husband tagging along by mistake, not going to happen. Apart from anything else no way he would know.

Okay got it. thank you...

11 minutes ago, Boiler said:

The Consulate could care less about her Husband not coming, it is totally up to her which potential Beneficiaries tag along or do not. Well the MiL has a say due to the I 864.

 

If they did ask, well Separated is a quick and easy answer.

okay got it...

[appleblossom 2,685]

9 minutes ago, rooji said:

 

so if she does fall under the f3 category is it because her husband might not immigrate or is it because she is daughter and married? how long does the process usually take?

Because she’s married. You can see the dates on the link above, F3’s being given visa interviews now applied 14.5 years ago. 

Edited August 23, 2023 by appleblossom