Advice Needed

[scallywag630]

My daughter, a US citizen over 21, has sponsored me, her father, for a green card. If fact I-130s were filed and approved for the whole family. The advice I need is because of conflicting information. Both the USCIS and State dept websites say that I can take my spouse and unmarried children under 21 with me, however the National Visa Center says that I may not take my children. I cannot take up the green card, having to spend over 6 months a year in the US, without my children. Surely the US authorities do not want to split up families.

[rayb]

As an immediate relative petitioned by your U.S. citizen daughter, your family members are not eligible for derivative visas at the same time. Your spouse, if your daughter's mother or stepmother, must be petitioned separately by your daughter. Your children are best petitioned by you after you arrive in the U.S.

If you believe that you have read on USCIS and State Dept websites that your wife and daughter are eligible for derivative visas at same time as you, you are probably reading about derivative spouse and child eligibility if you were petitioned by a sibling or parent for a "quota" wait visa.

--Ray B

My daughter, a US citizen over 21, has sponsored me, her father, for a green card. If fact I-130s were filed and approved for the whole family. The advice I need is because of conflicting information. Both the USCIS and State dept websites say that I can take my spouse and unmarried children under 21 with me, however the National Visa Center says that I may not take my children. I cannot take up the green card, having to spend over 6 months a year in the US, without my children. Surely the US authorities do not want to split up families.