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FAMILY ISSUES

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mrstar

New Member
what happens in a family set up in the event that one spouse the father is selected but is not willing to move to the USA....does it mean the spouse and the children listed who are under the age of 21 wont get a chance to go to the USA...

case 2...parents are selected but are not willing to move to USA what will happen to the children can they move on their own to USA under the fortune of their parents who got selected ....children of about 19 20 years of Age
 
mrstar said:
what happens in a family set up in the event that one spouse the father is selected but is not willing to move to the USA....does it mean the spouse and the children listed who are under the age of 21 wont get a chance to go to the USA...

case 2...parents are selected but are not willing to move to USA what will happen to the children can they move on their own to USA under the fortune of their parents who got selected ....children of about 19 20 years of Age
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From my understanding of the system, the primary applicant needs to enter the USA before the derivatives are allowed to do so. Since you have mentioned that they are not willing to move, getting past the interview itself would be a hassle, not to mention the cost of doing so. The best thing to do would be for the children to apply on their own as well, although getting past the public charge requirement (if selected and meet all other requirements) might be an issue (unless you can get an I-134 ).

In a nutshell the children unfortunately will not be able to move on their own as they are considered derivatives in either case. One of the parents should at least be willing to make the move (can return afterwards if he or she is not interested).
 
mrstar said:
what happens in a family set up in the event that one spouse the father is selected but is not willing to move to the USA....does it mean the spouse and the children listed who are under the age of 21 wont get a chance to go to the USA...

case 2...parents are selected but are not willing to move to USA what will happen to the children can they move on their own to USA under the fortune of their parents who got selected ....children of about 19 20 years of Age
Click to expand...

1. The spouse and the children will not be able to proceed if the main selectee isn't willing to attend the interview or visit the US to at least activate his/her LPR status. The main selectee is required to enter the US before or with the derivatives.

If the selectee decides to activate his/her LPR status for the sake of the rest of the family and return to their country, that person is required to keep filing an income tax (even if the income is being earned outside of the US).

2. Same as one above.
 
Sm1smom said:
1.

If the selectee decides to activate his/her LPR status for the sake of the rest of the family and return to their country, that person is required to keep filing an income tax (even if the income is being earned outside of the US).

.
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Well, once the rest of the family have entered and got their geeen cards the principal can officially give up their green card, thereby not having to file with the IRS. I'm not sure how long the official surrender of GC process takes though?
 
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Knight17 said:
From my understanding of the system, the primary applicant needs to enter the USA before the derivatives are allowed to do so. Since you have mentioned that they are not willing to move, getting past the interview itself would be a hassle, not to mention the cost of doing so. The best thing to do would be for the children to apply on their own as well, although getting past the public charge requirement (if selected and meet all other requirements) might be an issue (unless you can get an I-134 ).

In a nutshell the children unfortunately will not be able to move on their own as they are considered derivatives in either case. One of the parents should at least be willing to make the move (can return afterwards if he or she is not interested).
Click to expand...

Yup main cost is medicals (usually a few hundred dollars per person) + $330 per person interview fee + $165 per person green card fee, though I guess the parent that doesn't intend to stay won't bother paying the latter.
 
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