Petition for alien relatives of a permanent resident

J

jolof

New Member
I have obtained my Green Card through the EB-1 option and now, I am applying for my wife and children (they are still in my country; the children are under 21 and unmarried). The instructions for I-130 say that: “if your relatives qualify under paragraph 2(B) or 2(C) above, separate petitions are not required for his or her unmarried children under 21 years of age”.
2(B) or 2(C) refer to the unmarried children of a permanent resident.
And then the instructions say: “the persons described in number 2 and 3 of the above note will be able to apply for an immigrant visa along with your relative”.
My question: does this mean that for my wife and two children, I can file the whole paperwork in one single application and pay only one fee? Thanks for helping on this.
 
When did you obtain the EB1 green card, was it in the past 12 months? Were you already married with the two children born before your green card was approved? Were you the primary applicant for the EB1?

If Yes to all questions, you should not be filing I-130 which will have them waiting for 2-3 years, you should be filing I-824 to have them "follow to join" as derivative beneficiaries so they can immigrate in the next 4-6 months.
 
Jackolantern said:
When did you obtain the EB1 green card, was it in the past 12 months? Were you already married with the two children born before your green card was approved? Were you the primary applicant for the EB1?

If Yes to all questions, you should not be filing I-130 which will have them waiting for 2-3 years, you should be filing I-824 to have them "follow to join" as derivative beneficiaries so they can immigrate in the next 4-6 months.
Click to expand...

The answer to all questions is yes. I have been married for more than 10 years. I received my EB1 green card as the primary applicant in June 2012.
 
jolof said:
The answer to all questions is yes. I have been married for more than 10 years. I received my EB1 green card as the primary applicant in June 2012.
Click to expand...

Good. So file an I-824 for them and they'll interview at the consulate late this year or early next year. Search this site and the web for "follow to join" for more information.
 
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