I Do Not See Form DS-260 For Derivative Beneficiary

[Alijan289]

Hi there,

I have a situation that I need some urgent guidance and advice on. Back in Jan 2021, I filed a petition for my wife. That time I was a green card holder and we didn’t have any children. 6 months later, we had a son in July 2021. I asked an immigration lawyer and he said I didn’t need to submit another petition for my son and that it will be taken care of automatically in my wife’s DS-260. I got naturalized last month (July 2022) and the petition’s been approved and sent to NVC with CR1 visa type. I found some information online saying that I must complete DS-260 for each derivative but I don’t see a separate DS-260 form for my son; there is only one for my wife though which is now completed and ready to be signed. But before she signs it, I wanted to seek you experts’ guidance on what should I do? Is our son still considered a derivative and the current DS-260 (of my wife) will be sufficient to immigrate with his mom? If not, he is just a year old and can’t leave back home. What should we do to make sure he gets visa as well and immigrate with his mom? I have also sent an inquiry to both USCIS and NVC but they take forever to respond. Any prompt guidance from the experts here will be greatly appreciated.
Best,
M

 

[SusieQQQ]

Because you are a citizen, your wife now falls under the immediate relative category. There are no derivatives for immediate relative categories, so you will have to file a separate i130 for your son. (If you had stayed a green card holder, he would have been a derivative on the case.)

 

[Alijan289]

Because you are a citizen, your wife now falls under the immediate relative category. There are no derivatives for immediate relative categories, so you will have to file a separate i130 for your son. (If you had stayed a green card holder, he would have been a derivative on the case.)

Thank you so much for your prompt response. If I file i130 for my son now, considering the fact that my wife’s case is with NVC and is close to interview, my son’s petition will take around a year. Is there any advice you can give like should we not sign ds260 and leave in pending and resume it when son’s case is sent to NVC? Or anything else that’ll help to resolve the case asap?

 

[SusieQQQ]

Thank you so much for your prompt response. If I file i130 for my son now, considering the fact that my wife’s case is with NVC and is close to interview, my son’s petition will take around a year. Is there any advice you can give like should we not sign ds260 and leave in pending and resume it when son’s case is sent to NVC? Or anything else that’ll help to resolve the case asap?

I believe that’s probably the way to get both done at the same time, bear in mind you need to contact uscis at least once a year to keep your wife’s case active. Once your son’s i130 is approved by uscis, you can try get an expedite through NVC - may or may not be succesful but costs nothing so worth a try. You should also be able to request NVC or the consulate to schedule the cases for interview together.

 

[Alijan289]

Hello,

I have two more questions…

1. I want to file petitions for my married siblings as well. Do I have to file one petition per sibling or do I need to file separate petitions for each sibling’s spouses and their children as well?

2. One of the siblings has a single name. Can I file petition for her or will the single name cause any issues later?

Thanks

 

[Sm1smom]

1. One petition per sibling - each sibling's petition will cover their applicable spouse and children.
2. It shouldn't.

 

[Alijan289]

I believe that’s probably the way to get both done at the same time, bear in mind you need to contact uscis at least once a year to keep your wife’s case active. Once your son’s i130 is approved by uscis, you can try get an expedite through NVC - may or may not be succesful but costs nothing so worth a try. You should also be able to request NVC or the consulate to schedule the cases for interview together.

Hi,
How about we go forward with my wife’s DS260 for now and given that she’s approved she can come here to the US and while I file i130 for my son, is there any other visa type that I can bring my son here or no there is no other type of visa that I can apply for him while his petition is in process? How about if I don’t file a petition, instead apply for a different type of visa and when he comes here I can apply for status change? Any other solution that can help me bring him here not necessarily with my wife but he doesn’t have to wait too long? Please note that I’m a US citizen.
Thanks

 

[SusieQQQ]

Hi,
How about we go forward with my wife’s DS260 for now and given that she’s approved she can come here to the US and while I file i130 for my son, is there any other visa type that I can bring my son here or no there is no other type of visa that I can apply for him while his petition is in process? How about if I don’t file a petition, instead apply for a different type of visa and when he comes here I can apply for status change? Any other solution that can help me bring him here not necessarily with my wife but he doesn’t have to wait too long? Please note that I’m a US citizen.
Thanks

No, unfortunately there is no other visa that can do that. If you want them to come together you’re going to need to delay your wife’s application. It’s a pity that the lawyer who told you to leave your kid as a derivative, did not inform you of the consequences of doing so if you were planning to naturalize - usually the advice given in these cases is either to delay naturalization till after the spouse/child immigration process is completed, or to file separate i130s for the derivatives for the event of naturalization before case completion.

 

[SusieQQQ]

Hello,

I have two more questions…

1. I want to file petitions for my married siblings as well. Do I have to file one petition per sibling or do I need to file separate petitions for each sibling’s spouses and their children as well?

2. One of the siblings has a single name. Can I file petition for her or will the single name cause any issues later?

Thanks

Sm1smom has answered the questions as asked. You are aware of the wait time for a sibling visa process?
How old are your siblings’ children?

 

[Alijan289]

No, unfortunately there is no other visa that can do that. If you want them to come together you’re going to need to delay your wife’s application. It’s a pity that the lawyer who told you to leave your kid as a derivative, did not inform you of the consequences of doing so if you were planning to naturalize - usually the advice given in these cases is either to delay naturalization till after the spouse/child immigration process is completed, or to file separate i130s for the derivatives for the event of naturalization before case completion.

Thanks Susie, that was very helpful. I however do want to bring one more concern that my wife is pregnant with out 2nd child due in Jan 2023. If I file a petition for the 1st child now and then file another one for the 2nd child in 2023, that will keep delaying them. So, in your expert opinion, would you suggest to not submit DS260 for my wife now, instead wait for the 2nd child to arrive and then file 2 petitions for both children together or at least file one now for 1st child and then another one later when 2nd child arrives? What would have you done if you were in my shoes? Thank you so much for taking time out and suggestions.

 

[Alijan289]

Sm1smom has answered the questions as asked. You are aware of the wait time for a sibling visa process?
How old are your siblings’ children?

Siblings’ children are 3 and 1.5 years today. I believe it takes around 12 years for the siblings’ petitions to get approved.

 

[SusieQQQ]

Thanks Susie, that was very helpful. I however do want to bring one more concern that my wife is pregnant with out 2nd child due in Jan 2023. If I file a petition for the 1st child now and then file another one for the 2nd child in 2023, that will keep delaying them. So, in your expert opinion, would you suggest to not submit DS260 for my wife now, instead wait for the 2nd child to arrive and then file 2 petitions for both children together or at least file one now for 1st child and then another one later when 2nd child arrives? What would have you done if you were in my shoes? Thank you so much for taking time out and suggestions.

Unfortunately what I would have done is remained an LPR till the process was complete, so that’s not helpful to you. I think you need to use your own discretion as to how to handle this. Too many moving parts for me, sorry.

Siblings’ children are 3 and 1.5 years today. I believe it takes around 12 years for the siblings’ petitions to get approved.

It’s not approval thats the important factor but priority date getting current, so it’s more like 15 years (visas are currently available for cases filed in March 2007 or earlier) and if might be even longer from now, but the important thing is that the kids are still really young so there isn’t a risk of them aging out.

 

[Alijan289]

No, unfortunately there is no other visa that can do that. If you want them to come together you’re going to need to delay your wife’s application. It’s a pity that the lawyer who told you to leave your kid as a derivative, did not inform you of the consequences of doing so if you were planning to naturalize - usually the advice given in these cases is either to delay naturalization till after the spouse/child immigration process is completed, or to file separate i130s for the derivatives for the event of naturalization before case completion.

No, unfortunately there is no other visa that can do that. If you want them to come together you’re going to need to delay your wife’s application. It’s a pity that the lawyer who told you to leave your kid as a derivative, did not inform you of the consequences of doing so if you were planning to naturalize - usually the advice given in these cases is either to delay naturalization till after the spouse/child immigration process is completed, or to file separate i130s for the derivatives for the event of naturalization before case completion.

I’m working on my son’s i130 right now and in the previous addresses history, do I need to provide address that I have visited (for example my home country to spend time with my family) for a month or two? Thanks

 

[SusieQQQ]

I’m working on my son’s i130 right now and in the previous addresses history, do I need to provide address that I have visited (for example my home country to spend time with my family) for a month or two? Thanks

Addresses are places you lived, not places you visited.

 

[Alijan289]

Addresses are places you lived, not places you visited.

Okay that means I should not provide my home country addresses even though I lived there for a month, 2 or 3 considering the fact that it was just for visitation purposes to spend time with my family. I initially had not included them but just wanted an expert opinion on it. Thank you so much Susie for your expert opinions. God bless you.