Follow to join

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paulineg

Registered Users (C)
My husband obtained his green card from his US Citizen biological son, my stepson, can my husband file follow to join for me his spouse and unmarried daughter under 21.

anxiously awaiting a reply, thank you.
 
Parents of US citizens cannot have derivative beneficiaries, so you cannot obtain a green card through "follow to join". But he can file for you directly in category F2A although that could take a long time.

Whose daughter is she -- your husband's, yours, or both? Is she under 18? Those facts affects the options for her to immigrate.

Did you marry your husband before his US citizen son turned 18? Are you inside or outside the US? If inside, legally or illegally? Those facts affect your options.
 
Jackolantern said:
Parents of US citizens cannot have derivative beneficiaries, so you cannot obtain a green card through "follow to join". But he can file for you directly in category F2A although that could take a long time.

Whose daughter is she -- your husband's, yours, or both? Is she under 18? Those facts affects the options for her to immigrate.

Did you marry your husband before his US citizen son turned 18? Are you inside or outside the US? If inside, legally or illegally? Those facts affect your options.
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Dear Sir, thank you so much for your advice, these are the answers to your questions.

Our daughter belongs to my husband and I , she is our biological daughter.
She is 20 years old
Yes my husband and I have been married for the past 27 years, my us citizen stepson is 28 years old,
I am outside of the US , however our daughter is inside the US on an F1 visa , attending university, I need this green card for her more than myself. Sir, you said this can take a long time , about how many years can that be.Thank you so much for your helpful information .
 
Apparently you cannot do FtJ 'cos you or your kid DO NOT get derivative status from your husband's principal beneficiary status.
Chk this for a start.
http://www.ajdigitaledition.com/pdfs/PDF/2013_NY/2013_08_23/2013_08_23_NY_B 3.pdf

It sounds bit crazy!

I think if you married him before your USC step-son turned 18 then you have a 'parent' relationship to him and he can file a separate petition for you. (pl dbl chk)

As for your kid , I think you or your husband need to sponsor her separately.

Its complicated!, post all your background so someone like jacko would be able to help, but I think an experienced lawyer in US is the best bet!!

Best!
 
paulineg said:
Dear Sir, thank you so much for your advice, these are the answers to your questions.

Our daughter belongs to my husband and I , she is our biological daughter.
She is 20 years old
Yes my husband and I have been married for the past 27 years, my us citizen stepson is 28 years old,
I am outside of the US , however our daughter is inside the US on an F1 visa , attending university, I need this green card for her more than myself. Sir, you said this can take a long time , about how many years can that be.Thank you so much for your helpful information .
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Your stepson can file for you and you can get a green card in 6-12 months through a US consulate in your country. He could have filed for you the same time he filed for his father.

Your husband can file I-130 for your daughter right now, and should file it ASAP to establish a priority date and while she's still under 21 in the F2A category. If she has at least a year left with her F1 studies, she may be able to remain in the US until she's eligible to file I-485 and complete the final stage of the GC process.
 
Jackolantern said:
Your stepson can file for you and you can get a green card in 6-12 months through a US consulate in your country. He could have filed for you the same time he filed for his father.

Your husband can file I-130 for your daughter right now, and should file it ASAP to establish a priority date and while she's still under 21 in the F2A category. If she has at least a year left with her F1 studies, she may be able to remain in the US until she's eligible to file I-485 and complete the final stage of the GC process.
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Dear Sir,

Thank you so much for the information, it has been of much help.
 
Watch the visa bulletin movements very closely for category F2A. If your husband files the I-130 for your daughter within the next couple of weeks, she might even be able to file I-485 before the end of 2013! Then once the I-485 is filed she can stay in the US until her green card process is decided one way or the other.

But with a pending I-485, she won't be able to use her F1 visa to reenter the US after traveling abroad, so she should apply for Advance Parole (I-131) along with the I-485.
 
Jackolantern said:
Watch the visa bulletin movements very closely for category F2A. If your husband files the I-130 for your daughter within the next couple of weeks, she might even be able to file I-485 before the end of 2013! Then once the I-485 is filed she can stay in the US until her green card process is decided one way or the other.

But with a pending I-485, she won't be able to use her F1 visa to reenter the US after traveling abroad, so she should apply for Advance Parole (I-131) along with the I-485.
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Dear Sir,

Thank you so much for this important information, you have been a great help to me and I am sure to many others. Again, thank you.
 
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