Following to Join Benefits for Children

[immihelp]

To Whom It May Concern:

I filed an I-130 Petion for my mother as an immediate relative of a U.S. Cititen. My mother has two children (minors), I was hoping since they are minors they'd be able to come with her under following to Join. However, since my mother is an immediate relative of a U.S. citizen, the children are not qualified under following to Join.

I was browsing through the internet and I found this on your website:

"If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not petion or could not petion for your children then you will have to file a seperate I-130, Petion for Alien Relative."

My question stems from the "did not petion" part of this statement. Does that mean the children are eligible to following to Join if I had petioned for them?

Any information you can provide would be greatly appreciated

[immihelp]

Minor children can be included as part of your mother's application.

Even if you originally didn't include them in I-130, she can include them at the consular proecssing state.

[immihelp]

Thank you very much. Do we simply have to follow regulations related to Following to Join as prescribed by the law?

Thank you,

[immihelp]

You don't have to following to join.

Your mother can simply add children in DS-230 form at the time of consular processing.

[mmueen]

I'm in the similar situation...my wife who is a us citizen had filed for her mothers immigration and the i130 has been approved. She has three unmarried siblings 21,19&17. She has also applied separate petitions for the 21&19 yr old under the brother/sister category because of their ages (we know this category is the longest). So, back to the question for her mother. Her case has been transferred to NVC. She received the ds3032. She sent through an email attachment. So...
1. Can she still add her 3 children on the ds230 application?
2. does she add this under the question 31a or 31b?
3. Do you also have to file separate ds230 for each child?
4. Do you pay separate fee for each?
Thanks for the advice

[dhira_98]

Some People Prefer to Live With False Hope than no Hope.

[mmueen]

I'm sorry I didn't understand.

[mtouch]

I'm in the similar situation...my wife who is a us citizen had filed for her mothers immigration and the i130 has been approved. She has three unmarried siblings 21,19&17. She has also applied separate petitions for the 21&19 yr old under the brother/sister category because of their ages (we know this category is the longest). So, back to the question for her mother. Her case has been transferred to NVC. She received the ds3032. She sent through an email attachment. So...
1. Can she still add her 3 children on the ds230 application?
2. does she add this under the question 31a or 31b?
3. Do you also have to file separate ds230 for each child?
4. Do you pay separate fee for each?
Thanks for the advice

Since your mother is the beneficiary of an immediate relative petition, she cannot have derivatives, i.e. her children (minor or adult) cannot be included in the petition filed by her US citizen daughter.

[mmueen]

Thanks for the advice. The answer to a query that immihelp had given in this post says the mother can just mention the children on the ds230 form without a separate petition? Is the rule changed since then?

[mtouch]

Thanks for the advice. The answer to a query that immihelp had given in this post says the mother can just mention the children on the ds230 form without a separate petition? Is the rule changed since then?

No change. That has always been the law. When your mother gets her green card she should immediately petition each of her minor children.

[mmueen]

Thanks for the answer. After she applies for the kids. Can she leave US to care for them and how long can she go for without affecting the case?

[mtouch]

Thanks for the answer. After she applies for the kids. Can she leave US to care for them and how long can she go for without affecting the case?

After she gets her green card & before she departs the US she should apply for reentry permit to allow her to stay outside the US for 2 years. She can reapply for this again after expiration but it might affect her required residence in US for citizenship.

[mmueen]

If she applies for two years reentry permit, will it affect her kids processing times? Kids are 16 & 18 years 3 months.

[mtouch]

If she applies for two years reentry permit, will it affect her kids processing times? Kids are 16 & 18 years 3 months.

It will not affect the processing time, i.e. waiting time for visa. However the petitioner should show proof of domicile. \
Section 213A of the Immigration and Naturalization Act of the United States of America requires that in order to sponsor an alien for legal permanent resident status in the United States, the sponsor must be domiciled in the United States.

Domicile means the place where a sponsor has his of her principal residence, with the intention to maintain that residence for the foreseeable future.
A convincing combination of the following types of action might be considered as an indication of residence:

Establishing an address in the United States
Setting up and maintaining bank accounts in the United States
Transferring funds to the United States
Making and maintaining investments in the United States
Seeking employment in the United States
Applying for a social security number
Voting in local, state, or federal elections
Enrolling children in schools
Paying U.S. income taxes
Taking steps to relinquish residency in a foreign country