a quick question about follow to join

Q

qyz891023

New Member
hey guys i have a quick question.
my wife got her green card through marriage, consular processing, and now she wants file i824 for her dependent son to "follow to join", who is currently in the United States on nonimmigration visa F1.
Question is if I 824 is approved, does he have to go back to his home country for the interview or can he adjust his status and gets interviewed in the US?
thanks
 
He can stay in the US to adjust status, if he is eligible. However, he might not be eligible for either AOS or consular processing anytime soon. Please answer the following so we can determine eligibility:

Are you a US citizen, or permanent resident? Did your wife get a green card as a derivative to your green card process, or did you file I-130 for her after getting your own green card? How old is the son now? How old was he when you married his mother?

Note that marriage to USC does not provide derivative benefits; a new I-130 would be required.
 
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Jackolantern said:
He can stay in the US to adjust status, if he is eligible. However, he might not be eligible for either AOS or consular processing anytime soon. Please answer the following so we can determine eligibility:

Are you a US citizen, or permanent resident? Did your wife get a green card as a derivative to your green card process, or did you file I-130 for her after getting your own green card? How old is the son now? How old was he when you married his mother?

Note that marriage to USC does not provide derivative benefits; a new I-130 would be required.
Click to expand...

am lpr. my wife got her gc by i130. the son is 21 now, he was 19 when i married his mom. thanks
 
He can stay in the US and file I-485 as a derivative to your wife's process, if the priority date is current and his adjusted age according to the CSPA puts him below 21.

When is the priority date of the I-130 that was filed for your wife? When did your wife get her GC? And when did her son turn 21, and how long did the I-130 take to get approved? (just the I-130 itself before it was forwarded to NVC and the consulate, not the entire process with consular formalities)

From this point forward, he should not leave the US without Advance Parole or the green card itself, as him having a GC mother could result in him being refused entry with the F1 visa.
 
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