Follow-to-join

[Millz 14]

My mom recently had her Visa interview after she arrived here in the US. How can she get her husband here through the follow to join?

[Crazy Cat 45,521]

1 hour ago, Millz said:

My mom recently had her Visa interview after she arrived here in the US. How can she get her husband here through the follow to join?

Please clarify.  Since visa interviews are never conducted in the US, what interview are you talking about?  It appears, from your post history, that she entered the US via an IR-5 visa.  Is that correct?  If so, there are no derivatives or "follow to join" provisions for immediate relatives of US citizen.  Someone will have to file an I-130 for husband to start the visa process as you did with mother.

Edited October 6 by Crazy Cat

[pushbrk 13,931]

35 minutes ago, Crazy Cat said:

Please clarify.  Since visa interviews are never conducted in the US, what interview are you talking about?  It appears, from your post history, that she entered the US via an IR-5 visa.  Is that correct?  If so, there are no derivatives or "follow to join" provisions for immediate relatives of US citizen.  Someone will have to file an I-130 for husband to start the visa process as you did with mother.

Unless your mother's husband is actually, your father, you can do nothing.  She will need to file an I-130 for him.  Will take about 4 years for spouse of permanent resident.  If he was your father, you would have filed for both at the same time.

[Boiler 48,097]

She needs to file an I 130

[JeanneAdil 7,286]

6 hours ago, Millz said:

My mom recently had her Visa interview after she arrived here in the US. How can she get her husband here through the follow to join?

looks like the way many write from my country / they combine 2 sentences

my mom recentle had her visa interview 

and after she arrives in the US , how to get husband here 

 

doesn't mention if visa was arroved 

[Demise 1,470]

6 hours ago, pushbrk said:

Unless your mother's husband is actually, your father, you can do nothing.  She will need to file an I-130 for him.  Will take about 4 years for spouse of permanent resident.  If he was your father, you would have filed for both at the same time.

Assuming that this is an IR5 case (and judging from OP's post history it most likely is) there is one edge case - if mother married her husband while OP was under 18. Stepparent-stepchild relationships work both ways when it comes to sponsoring. 

 

But that's about it and even if, mother's husband would need his own I-130. Just bringing this up in the unlikely event that's the case since it'd save some wait. 

[pushbrk 13,931]

4 hours ago, JeanneAdil said:

looks like the way many write from my country / they combine 2 sentences

my mom recentle had her visa interview 

and after she arrives in the US , how to get husband here 

 

doesn't mention if visa was arroved 

Yes, likely a sentence structure issue.  Unless there is also an error in stating the relationship, the solution is the same.  After the mother arrives, she can, as a permanent resident, file an I-130 for her husband.  

[JD2 188]

Maybe a dumb question: could the husband have been a derivative on the IR-5?  I know it's too late now but just curious

[SalishSea 18,587]

Just now, JD2 said:

Maybe a dumb question: could the husband have been a derivative on the IR-5?  I know it's too late now but just curious

No.

[pushbrk 13,931]

16 hours ago, SalishSea said:

No.

And is would NOT be too late, if the answer was yes.  The answer is no.

[Crazy Cat 45,521]

17 hours ago, JD2 said:

Maybe a dumb question: could the husband have been a derivative on the IR-5?  I know it's too late now but just curious

An IR-5 is a visa category for an immediate relative of a US citizen.  There are never derivatives of immediate relatives of US citizens. 

[Lil bear 4,650]

19 hours ago, JD2 said:

Maybe a dumb question: could the husband have been a derivative on the IR-5?  I know it's too late now but just curious

IR 5 visa category dues not allow for derivatives 

[JD2 188]

3 hours ago, pushbrk said:

The answer is no.

So all the spouse visa beneficiaries who come with their kids, the USC separately petitions for their new stepchildren?

[SalishSea 18,587]

9 minutes ago, JD2 said:

So all the spouse visa beneficiaries who come with their kids, the USC separately petitions for their new stepchildren?

As long as the step-parent/child relationship (i.e. marriage between the USC and child's parent) took place prior to the child's 18th bday.  Otherwise, the beneficiary parent would be the petitioner.

[pushbrk 13,931]

8 minutes ago, SalishSea said:

As long as the step-parent/child relationship (i.e. marriage between the USC and child's parent) took place prior to the child's 18th bday.  Otherwise, the beneficiary parent would be the petitioner.

Correct.  The difference in this case is the petitioner is not a US Citizen.  If the husband had a child, the child could be a derivitive.