I-130 for married children and the grandchildren

[Dan R]

So Ai is now a citizen and she wants to give her children and grandchildren the same opportunity. We need separate I-130s for each family group. We will need all of the birth certificates, marriage certificates, divorce decrees, and recent photos. But puzzled about the I-864. Do we submit now or when visa numbers become available in 10 to 12 years? Anyone been through this? We have two children and their spouses with three grandchildren.

[dnoblett]

Only one I-130 needed per immediate relative (son and/or daughter), their family (Son/daughter In-Law, and grandchildren) would qualify for derivative visas when the time comes only exception would be Grandchildren if they are adults by the time their parents become eligible for visa numbers, they would not be eligible for visas.

 

I-864 is submitted to NVC when NVC assigns visa numbers to the case, 10 to 12 years from now.

 

Here is a guide for filing a petition for a son or daughter. http://www.visajourney.com/content/childpet

[Randy W]

Only one I-130 needed per immediate relative (son and/or daughter), their family (Son/daughter In-Law, and grandchildren) would qualify for derivative visas when the time comes only exception would be Grandchildren if they are adults by the time their parents become eligible for visa numbers, they would not be eligible for visas.

 

I-864 is submitted to NVC when NVC assigns visa numbers to the case, 10 to 12 years from now.

 

Here is a guide for filing a petition for a son or daughter. http://www.visajourney.com/content/childpet

 

 

How is the green card obtained for a follow-to-join family member of the immediate (child) relative? Is it automatic, will they need to file an I-130, or can they file an I-485 to adjust status?

[dnoblett]

Follow to join get derivative visas by filling additional DS-260 applications and fees when the time comes at NVC.

[Randy W]

Follow to join get derivative visas by filling additional DS-260 applications and fees when the time comes at NVC.

 

 

Does that ultimately include follow-to-join green cards upon arrival in the U.S., or will there be additional paperwork to file once the grand-kids are stateside?

[dnoblett]

Nope the follow to join get IR visas that get greencard status upon arrival.

Again depending on process time the grand kids if are adult by time children get visa Numbers probably may age out.

 

A note: The time it takes for USCIS to process the I-130 would be deducted from derivative grandkid status per CSPA, thus they will be treated as younger than 21 if their age subtracting USCIS process time makes them less than 21 at the time they acquire LPR status.