F3 category - Member of family (spouse) doesn't want proceed with the process

[GuntherWeiner]

Hi guys,

I am looking for some clarification about an issue. To explain a bit, my mothers parent issued an F3 category petition for my mother and us to get a Green Card. Some years passed and now came the time for us to proceed with the steps of paying the fees, getting the documentation ready and have an interview. The problem is that one member of the family (my father) doesn't want to proceed, and that brings me to my question. I wanted to know if we (my mother and her children) can continue to proceed with the process without my father?

Thanks!

 

[SusieQQQ]

If your mother is the principal beneficiary, then yes. The case can not proceed if the principal doesn’t want to go ahead, but any of the derivatives can decide not to proceed without jeopardizing the others. The only hiccup might be if any of the children are still under 18, in which case the father will need to provide some sort of custody/permission for the children to accompany the mother to the US (exactly what form that takes differs by country).