NVC Rejection RFE

[Paul Board 0]

I have just received a number of RFEs following my NVC document submission. One of which titled the following:

 

"DS-260 Review note.

The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate"

 

Can anyone please clarify what this means? My wife is a US citizen and my two children are US citizens, So we have only submitted a petition for myself as a UK citizen.

 

Thank you.

[appleblossom 4,036]

9 minutes ago, Paul Board said:

I have just received a number of RFEs following my NVC document submission. One of which titled the following:

 

"DS-260 Review note.

The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate"

 

Can anyone please clarify what this means? My wife is a US citizen and my two children are US citizens, So we have only submitted a petition for myself as a UK citizen.

 

Thank you.

 

Did you maybe put your children on the DS-260 as derivatives?

 

You said you've had a number of RFE's which is unusual. Just checking you're following this website? https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

 

Make sure you look at the country specific guide lines too - https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/UnitedKingdom.html

Edited May 12 by appleblossom

[Paul Board 0]

I'll review the DS-260, but I included their US birth certificates as evidence and don't think I added them as derivative. On the children section I did answer "yes" to the question "is this child immigrating to the US with you". But they have accepted the DS-260 and I can;t amend that now, maybe I should have answered "no" as they are US citizens.

 

They also rejected my birth certificate, my military records, and also wanted a 2024 1099/schedule for my sponsor who is self employed (although they have accepted his AOS and all documents within, which include every schedule he has, and he doesn't receive any 1099 which we explained in a cover letter),

 

Frustrating time.

Edited May 12 by Paul Board

[appleblossom 4,036]

1 minute ago, Paul Board said:

I'll review the DS-260, but I included their US birth certificates as evidence and don't think I added them as derivative.

 

They also rejected my birth certificate, my military records, and also wanted a 2024 1099/schedule for my sponsor who is self employed (although they have accepted his AOS and all documents within, which include every schedule he has, and he doesn't receive any 1099 which we explained in a cover letter),

 

Frustrating time.

 

Did you maybe tick the 'yes' box to the question about them immigrating with you? 

 

Check the link above for what you need to provide and make sure the documents comply exactly. Maybe your birth certificate wasn't the long form version? No idea on military records I'm afraid, but the link above will tell you. What tax docs did you provide for your joint sponsor?

[Crazy Cat 43,938]

10 minutes ago, Paul Board said:

On the children section I did answer "yes" to the question "is this child immigrating to the US with you".

That's a problem.  For immediate relatives of US citizens, no one can immigrate with the primary beneficiary.  There are no derivatives.....and US citizens do not immigrate to the US, 

[Paul Board 0]

That's correct, I did tick 'yes' to that box. But they have approved the DS-260 and I can't now amend that. Do you think maybe just explain in a cover letter?

 

We provided his 2022, 2023, 2024 tax transcript and every one of his schedules. He doesn't receive W2 or any other 1099/schedule. They have deemed his AOS as 'accepted' but then had an RFE asking 'please submit every 1099/schedule for your joint sponsor'. He has told me he doesn't receive any other than what we submitted.

 

 

[Crazy Cat 43,938]

Just now, Paul Board said:

That's correct, I did tick 'yes' to that box. But they have approved the DS-260 and I can't now amend that. Do you think maybe just explain in a cover letter?

 

We provided his 2022, 2023, 2024 tax transcript and every one of his schedules. He doesn't receive W2 or any other 1099/schedule. They have deemed his AOS as 'accepted' but then had an RFE asking 'please submit every 1099/schedule for your joint sponsor'. He has told me he doesn't receive any other than what we submitted.

 

 

Can you post a redacted copy of the RFE's?

[Paul Board 0]

The photos I have tried are too large, but I have copied verbatim the header and feedback.

 

Number 1:

DS260 Review Note- The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate.

Number 2:

Case FE Review note- Please submit every 2024 1099/Schedule form for CRAIG.

 

The other two RFEs are for my birth certificate and military records which I will try chase up.

 

Does anyone know how I can amend my DS-260 and tick 'no' for my children immigrating with me?

[pushbrk 13,498]

12 hours ago, Paul Board said:

The photos I have tried are too large, but I have copied verbatim the header and feedback.

 

Number 1:

DS260 Review Note- The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate.

Number 2:

Case FE Review note- Please submit every 2024 1099/Schedule form for CRAIG.

 

The other two RFEs are for my birth certificate and military records which I will try chase up.

 

Does anyone know how I can amend my DS-260 and tick 'no' for my children immigrating with me?

You can use the public inquiry form and ask them to re-open it.  Tell them why.

[Paul Board 0]

I will try that, thank you.

[top_secret 2,671]

I don't think the first note is a RFE that would prevent you from becoming documentarily qualified.  It's just advisory since your intentions about the children seemed unclear based on your DS-260 answers.  If they would reopen the DS-260 fix it, and if not, it is probably not a problem and you could just mention it at your interview.

[Paul Board 0]

That seems the case, thank you for your time.