Wife and 6yr Daughter of US citizen

[skumarimmi]

I am a US citizen and am about to apply for GC for my wife and daughter who are in the US
on H1 and H4 respectively.

I have been following the instructions in visa journey.

I am going to chronicle this case in this thread with the aim to get input from others and also to serve as a guidepost for others who might attempt this in the future.

1. For a while I thought that I did not have to file a separate I-130 for my
daughter (because of derivative status).

However, reading the I-130 instructions, it clearly states that derivative status is only
applicable for spouses and unmarried children of beneficiaries in categories 1(C), 1(D) and 1(E).

Wife of US citizen falls under 1(A), thus I need to file a I-130 for my wife -and- daughter.

2. Given this, In the I-1485 for my daughter and wife - I need to check 2(a)

QUESTION: Am I on the right track with this?

--

We are almost done with the medical examination (I-693) and will send all the documents soon to USCIS.

Will update with progress...

[mtouch]

Before you became a US citizen what was your status in the US ? When did you become a US citizen ? We need more info to guide you in the right direction.

[skumarimmi]

Before you became a US citizen what was your status in the US ? When did you become a US citizen ? We need more info to guide you in the right direction.

mtouch, Thanks, any information/help would be appreciated.

I was in the employment based Green Card category and just became a US citizen. (Aug 31st).
I have been married to my wife for over 9 years. My wife and daughter are both UK citizens.

[mtouch]

mtouch, Thanks, any information/help would be appreciated.

I was in the employment based Green Card category and just became a US citizen. (Aug 31st).
I have been married to my wife for over 9 years. My wife and daughter are both UK citizens.

When you got your GC, your wife & daughter should have gotten theirs as well. Then all of you could have applied for citizenship at the same time, unless your wife & daughter did not enter the US together with you.

[skumarimmi]

When you got your GC, your wife & daughter should have gotten theirs as well. Then all of you could have applied for citizenship at the same time, unless your wife & daughter did not enter the US together with you.

Our case is a bit complicated :-)

My wife did have her own employment based green card, but was out of the country for over
2.5 years. When she returned, USCIS made her file for recission I-571 as if she voluntarily
surrendered her GC.

She then applied for H1B, which is her current status.

[mtouch]

Our case is a bit complicated :-)

My wife did have her own employment based green card, but was out of the country for over
2.5 years. When she returned, USCIS made her file for recission I-571 as if she voluntarily
surrendered her GC.

She then applied for H1B, which is her current status.

I presume your daughter was with your wife in the 2.5 yrs they were out of the US so your daughter also lost her GC. Yes you have to file a separate petition for them. Hopefully it will not take longer than 1 year to have them with you. Good luck.

[skumarimmi]

I presume your daughter was with your wife in the 2.5 yrs they were out of the US so your daughter also lost her GC. Yes you have to file a separate petition for them. Hopefully it will not take longer than 1 year to have them with you. Good luck.

mtouch, thanks! They are already with me (H1 and H4 visa).

I have decided to apply for EAD and AP for my wife as well.

[skumarimmi]

Update

My daughter's GC came thru quickly (2 months). My wife's interview is scheduled for Feb. I will make sure to have all the documents etc. I don't expect a problem.

[skumarimmi]

Just a quick update. We got approved on the day of the interview.

So, essentially, I would say it was a straightforward case.

I was jus a bit worried that the previous surrender of my wife's GC would cause issues. The only thing the IO asked related to that was whether she left the country using own funds or did the govt. pay her ticket.

All's well that ends well.

[mtouch]

Just a quick update. We got approved on the day of the interview.

So, essentially, I would say it was a straightforward case.

I was jus a bit worried that the previous surrender of my wife's GC would cause issues. The only thing the IO asked related to that was whether she left the country using own funds or did the govt. pay her ticket.

All's well that ends well.

Congratulations ! Pray for us who are still waiting.