I-130 (Category F1) -- Can Children accompany?

K

kruz_patz

Registered Users (C)
Hello All,
Your suggestions and advises are appreciated :)

My Background: I am an Indian Citizen by birth and currently resideing in India. I have 3 children. My wife passed away in 2003, since then I have never married again. In 2004 my US citizen mother has filed I-130 for me. Category for I-130 is F-1 (unmarried son's and daughter's of US citizen), although, all my children's and deceased wife's information has been mentioned in I-130.

PRESENT: I have just sent CHOICE-OF-AGENT form to NVC, so within next 9-10 months I am expecting a visa call at nearest Embassey.

1st Question: Can my children eligible to get immigrant visa as dependent? I-130 is under F-1 category, but on the other side I am not an unmarried son (But infact A WIDOW who Never Married Again).

2nd Question: What's the rule, for child who turns 21, will not eligible to get immigrant visa with their parents?
I have 2 Daughters (Age:21) and 1 Son (Age:20, will turn 21 this Feb, 2010) -They were under 21 when I-130 got approved, but visa number was not available.


Thanks
KC
 
A1: Yes
A2: Depends on a few dates. When was the I-130 filed? When was the I-130 approved? What are the exact dates of the birth of your children?

kruz_patz said:
1st Question: Can my children eligible to get immigrant visa as dependent? I-130 is under F-1 category, but on the other side I am not an unmarried son (But infact A WIDOW who Never Married Again).

2nd Question: What's the rule, for child who turns 21, will not eligible to get immigrant visa with their parents?
I have 2 Daughters (Age:21) and 1 Son (Age:20, will turn 21 this Feb, 2010) -They were under 21 when I-130 got approved, but visa number was not available.
Click to expand...
 
Hi

So that means although I-130 is under UNMARRIED SON'S AND DAUGHTER'S category. My children would also be eligible to get immigrant visa.

KC
 
Last edited by a moderator:
kruz_patz said:
2nd Question: What's the rule, for child who turns 21, will not eligible to get immigrant visa with their parents?
I have 2 Daughters (Age:21) and 1 Son (Age:20, will turn 21 this Feb, 2010) -They were under 21 when I-130 got approved, but visa number was not available.
Click to expand...
Calculate their CSPA-adjusted age by subtracting the length of time their I-130 took to get approved from their actual age. If their adjusted age is still under 21 when the priority date becomes current, they will be eligible for an immigrant visa.
 
kruz_patz said:
Well this whole thread is about my uncle's petition...........just helping him by addressing questions from my side...........:)
Click to expand...
Who filed for who? If your mother filed for your uncle, that would be the sibling category F4, not F1.

Or is it your uncle's mother who filed for him, not your mother?
 
My uncle's US citizen mother has filed for him. And since my uncle's wife has passed away........his I-130 is under F1 category.

Uncle's mother filed I-130 in 2004. Recenlty he sent out DS-3032.

KC
 
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