VIZARD’S CORNER
VISAtisfied Voyager’s immigration wizard protects you from the evils of wrong information.
Dear Vizard,
My mother entered the U.S. in 2002 on an E3 (employment) immigrant visa. She is still a Legal Permanent Resident (LPR/greencard holder). Because I was still in grade school at that time, I was not able to go with my mother to the U.S. But now that I have finished studying high school, I would like to follow my mother to the U.S. and go to college there. Am I still qualified to join her in the U.S.? What do I have to do to apply for my immigrant visa?
Yours truly,
Feliz Viajero
A few moments after Feliz sent her letter to Vizard, she received this INCORRECT response from VisaMort (who hacked into her email account and obtained a copy of the email):
Dear Ms. Viajero,
I am sorry to hear that you were not able to go with your mother to the U.S. in 2002 as her derivative child. Because so much time has passed, you may not be able to join her anymore unless she files a separate visa petition for you as the child of an LPR.
For a small fee, I can help your mother file the appropriate visa petition for you so that you may be able to join her, and so that you may pursue your dream of studying in the U.S. I will send you further details in a separate email, if you and your mother are interested.
Sincerely,
VisaMort
Luckily, Vizard replied with the CORRECT answer before Feliz could contact her mother with VisaMort’s bad news:
Dear Ms. Viajero,
Yes, you are still qualified to join your mother in the U.S. as a following-to-join (FTJ) derivative beneficiary. There is no statutory time period during which the FTJ derivative child must apply. This means that you can apply for the FTJ derivative child immigrant visa at any time, as long as the following qualifications are met:
(1) You remain the unmarried minor child (below 21 years old*) of the principal applicant (your mother); and
(2) The principal applicant has not died, lost status as an immigrant, or become a naturalized U.S. citizen.
If you think you qualify as an FTJ child derivative and would like to schedule an appointment for a visa interview, you may visit http://www.ustraveldocs.com/ph, or call the Visa Information and Appointment Service at (632) 982-5555 and (632) 902-8930. The call center is open Mondays through Fridays, from 8:00 a.m. to 8:00 p.m., except on U.S. and Philippine holidays.
*Unmarried sons and daughters of principal applicants (aged 21 years and above) may apply as FTJ derivative children if they qualify under the Child Status Protection Act (CSPA).
Sincerely,
Vizard
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Dear Vizard,
My mother works for almost 20 years in U.S and got married with an American Citizen. She is already a naturalized citizen by 2008.She petition me last 2005. we just discovered that by 2009 that I’m lacking of documents required so I processed it then It was approved by the same year. That was happened because my mom didn’t know all about how to process it, that’s why it takes a long time for us to be together.This is year she wrote a letter to NVC requesting to speed up my application if I am still covered with Child Protection Act. I need to go there as soon as possible to help her taking care of her husband who had a heart operation. Per NVC they are reviewing my Case now and forward it to US embassy Manila. I hope the Embassy already received my concern and I was able to qualify as FTJ derivative beneficiary. Hope you can help us.
Yours truly,
Christina Ozturk
If the petition is presently with the State Department’s National Visa Center (NVC), NVC will hold the immigrant visa petition until the cutoff date is reached. NVC would start pre-processing the cases when the priority date is close to becoming current, and will forward the case to Embassy Manila once an interview slot becomes available. We will process the case as soon as the visa petition is received from NVC.
You may wish to contact NVC at 31 Rochester Avenue, Suite 200, Portsmouth, New Hampshire 03801-2915, telephone number (603) 334-0700 regarding your concerns. Public inquiries may also be sent by email at NVCInquiry@state.gov.
Hi, what are the requirements for k2 visa? (following to join)
The applicant’s guardian should follow all interview preparation instructions for K1/K2 visa applicants located on the Embassy’s website at http://manila.usembassy.gov/wwwh3238.html. The instructions contained on the website will provide him/her the required documentation and procedures to follow prior to the interview date.
I am now in the USA and married, i got confused while filling out forms (ds156,ds157) for my children (k2) following to join me, should i use my maiden name (Maricel Tiongco Apolonio) or should i put my husband last name (Maricel Apolonio Verbeke) now that i’m married to him? Pls help, this is really confusing me
btw, we just got married about a week ago, i haven’t applied for adjustment of status yet cuz still waiting for certified copy of our marriage certificate. Any help would be appreciated so much, thank you!
Hi Maricel! You may indicate your married name on the forms.
Please be aware that under U.S. immigration law and regulation, issuance of K2 visas must follow within one year from the date the fiancé visa (K1) was issued to the principal applicant.
Thank you for the reply. I have another question, I also want to bring my dog from the Philippines to the US, in Texas. Do you know what are the requirements? My dog is half local, half dalmatian.
Maricel, the Consulate does not have jurisdiction over the importation of pets into the United States. Please visit the Centers for Disease Control (CDC) website for information about bringing your dog to the U.S.: http://www.cdc.gov/animalimportation/dogs.html
My son is also left behind there in the Philippines and is also under ftj and wanted to set for him an interview but was told to wait for his priority date to be current. Is this true?
U.S. immigration law requires that immigrant visa numbers be made available strictly in order of priority date. There is no provision within the law that would allow the numerical limitation to be waived in any individual’s case, regardless of the circumstances.
We are unable to take further action until the applicant’s priority date is reached.
In the meantime, you may visit the State Department’s website at http://travel.state.gov/visa/bulletin/bulletin_1360.html for information on the movement of priority dates and visa availability.
Can I process the follow to join for my son 15 years old right after I will receive my f2b US visa still pending at the US embassy manila before i will travel to US? Because I just to made sure that he can have his medical and interview while I’m still here in the Philippines. He will have to finish his 4th year high school by March 2012. Thank you.
Your son will continue to qualify as a following-to-join derivative beneficiary of your F2B petition as long as you do not adjust status and your son does not age out (turn 21 years old).
When he is ready to apply for his immigrant visa, your son’s adult representative should visit the website http://www.ustraveldocs.com/ph, or contact the Embassy’s Visa Information and Appointment Service at (632) 982-5555 or (632) 902-8930 to schedule a visa interview date. The Visa Information and Appointment Service is open from 8:00 a.m. to 8:00 p.m., Mondays through Fridays, except on Philippine and U.S. holidays. Callers in the USA may contact the Appointment Service at (214) 571-1600 between 8:00 p.m. and 8:00 a.m. (Eastern Standard Time).
Thanks for the reply. What I mean is once I receive my f2b visa even if i did not travel in the US, can I process my son FTJ for his medical and interview at Manila US embassy before I fly to US? I just make sure that he can have his interview and everything will be ok then I will leave for the US then finish his study until April next year. Thanks.
Hi Marinette. As long as your priority date is current, your child may initiate processing his visa application even if you have not yet received your visa. You should visit this website: http://www.ustraveldocs.com/ph or contact the Embassy’s Visa Information and Appointment Service at (632) 982-5555 or (632) 902-8930 to schedule a visa interview date for your child. The Visa Information and Appointment Service is open from 8:00 a.m. to 8:00 p.m., Mondays through Fridays, except on Philippine and U.S. holidays. Callers in the USA may contact the Appointment Service at (214) 571-1600 between 8:00 p.m. and 8:00 a.m. (Eastern Standard Time). Callers should have the applicant’s case number, passport number, and passport expiry date ready when requesting a visa appointment.
You should follow all interview preparation instructions for immigrant visa (IV) applicants located on the Embassy’s website at http://manila.usembassy.gov/wwwh3238.html. The instructions contained on the website will provide you the required documentation and procedures to follow prior to the interview date. You should compile all the required documents and have your child complete the medical examination before the interview date (when scheduled).
Thank you very much admin IV for the information this site is very helpful I am very much satisfied the information you had given.
Dear vj,
I’m now in the US for one month and two weeks I just receive my permanent resident card (green card) now my question is Dear Maam/Sir,
I just received my Permanent Resident Card (Green Card) through a family reference (F24) now i want my son (below 21 year old) to follow me here in the US. My son is in the Philippines. What are the documents and the steps do i have to submit? And where do i send the documents? Is it possible that i only send my son birth certificate, my passport pages indicating admission to the US as an immigrant and a letter request indicating the name of my son, address and the telephone number? Is it also possible also that my son will not wait for a long period of time to have his interview at US Embassy Manila? Please help me to enlighten me for this case. I miss my son so much.
Thank and you and more power.
Very truly yours,
MARINETTE ALESNA SANCHEZ
To register your son as a following-to-join derivative beneficiary of your F2B visa petition, you must submit a clear copy of his birth certificate issued on security paper by the Philippine National Statistics Office, along with a copy of your passport page indicating admission to the U.S. The documentation may be sent to the Embassy’s Immigrant Visa Unit by fax at (632) 301-2037 (Attn: Operations Unit) or as a scanned email attachment at IVManilaAttachments@state.gov, with the applicant’s complete name, case number and current contact information, clearly indicated.
Good day! I am really confused about the travel clearance for minors. My sister went to DSWD and they told her my kids who are 13 and 15 are exempted from getting a travel clearance because they are holding a dependent pass… But I’m still not sure. I tried calling them yesterday but nobody answered. Is this true even if they are not accompanied by anybody? Pls help
thanks so much!
Since travel clearances for minors are a Philippine Government requirement and are not required prior to visa issuance, we can only suggest that you contact the Philippine Department of Social Welfare and Development directly regarding your concerns. The address is Constitution Hills, Batasan Pambasa Complex, Quezon City, Philippines and the telephone number is (632) 931-8101 to 8107. You may also wish to visit their website at: http://dswd.gov.ph/index.php/faq/1886-travel-clearance-for-minors-.
Good day!
I have a questions about FTJ (husband). My daughter and I migrated to the US last March 28 under EB3 visa category. My husband was not able to make the interview due to pending medical results since he had to undergo TB treatment. His treatment is almost over and it will be completed barring any more complications by August 2012. What should my husband do to get a visa come August? Thank you.
Once the results of the applicant’s sputum test and culture have been completed and our panel physicians have cleared him for travel, St. Luke’ s will advise him regarding the interview scheduling.
I’ve been here in US for almost 1year now.and i would like to start process now my 2minor children my following to join derivatives, my question is my petitioner which is my dad was recently passed away.who will be their petitioner now? thank u very much.
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
We regret to learn of the passing away of your father.
Your minor children (below 21 years of age) are still eligible for follow-to-join derivative status under your petition despite the death of the petitioner. A substitute sponsor is permitted to execute the Affidavit of Support (Form I-864). For additional information regarding following-to-join derivatives please check “Vizard’s Corner – Follow to Join” at: http://blogs.usembassy.gov/philippines/?p=380. For more information about affidavits of support , please read our “The Adventures of Bong Voyage – Affidavits of Support” at: http://blogs.usembassy.gov/philippines/?p=465 or you may visit the U.S. Citizenship and Immigration Services (USCIS) website at: http://www.uscis.gov/portal/site/uscis.
HELP!!!! hi. im confused. i already included my 2 kids in the petition which my fiance filed and already approved. i want for them to just use the “follow to join” …. now i already got my k1 visa and will fly to US next week. my question is when and how will i file the k2 visa? should i file it before my marriage or after? or is it after the adjustment status of k1 visa? im confused
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
Under U.S. immigration law and regulation, issuance of a fiancé(e) derivative (K2) visa must follow within one year from the date the fiancé(e) visa (K1) was issued to the principal applicant. Your children must be issued K2 visas within one year your K1 visa issued to you.
Hello ALL,
If any one can give an answer for my I130 petition file that will be great:::::
1.my sister has filed (I130) for me and my child and in 2005 my child age was 19 years old
2.My file will open in next up comming years
3.Now i my child are above 21 years and married so they are able to travel with me once the file is
opened??????
do i need to fill some additional form for that????
Please guide me so i can process it further(my file status is In progress)
Thanks,
Rajendra
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
We understand that your priority date is not yet current and that the case is still with the State Department’s National Visa Center (NVC).
Written inquiries, changes of address or in the personal circumstances of the applicant/petitioner should be sent and reported to NVC at 31 Rochester Ave., Suite 200, Portsmouth, NH 03801-2915 (Attn: WC). Forms, documents, and photographs should be sent to: 31 Rochester Ave. Suite 100, Portsmouth, NH 03801-2914 (Attn: CMR). NVC’s telephone number is (603) 334-0700. Public inquiries can also be sent by email at NVCInquiry@state.gov.
Please note that individuals who are married and/or above 21 years of age are, in most cases, not eligible for derivative status as the son or daughter of a primary immigrant visa applicant.
Hello VISAtisfied Voyager,
Thanks for immediate response!!!!!
When my petition was filed by my sister in F4 category.my child age was 18 years that means he was minor.But till today i have no received visa call and now my child became more then 21 years let me know what remaining process i have to do for my child who is above above 21 years today and married.
Please let me know that i need to fill some additional form for that ….
my file putup date was may 2005.
Thanks,
Rajendrasinh
Thank you for your interest in VISAtisfied Voyager.
Non-current petitions are stored with the State Department’s National Visa Center (NVC) for safekeeping. NVC will hold the immigrant visa petition until the cutoff date has reached the applicant’s priority date. NVC will forward the case to Embassy Manila once an interview slot becomes available. We will begin processing the case as soon as the visa petition is received from NVC.
Written inquiries, changes of address or with other personal circumstances of either the applicant or petitioner should be sent and reported to NVC at 31 Rochester Ave., Suite 200, Portsmouth, NH 03801-2915 (Attn: WC). Forms, documents, and photographs should be sent to: 31 Rochester Ave. Suite 100, Portsmouth, NH 03801-2914 (Attn: CMR). NVC’s telephone number is (603) 334-0700. Public inquiries can also be sent by email at NVCInquiry@state.gov.
In the meantime, you or the petitioner may visit the State Department’s website at http://travel.state.gov/visa/bulletin/bulletin_1360.html for information on the movement of priority dates and visa availability.
We noted that your son aged-out (turned 21 years old). Under U.S. immigration law, when a derivative beneficiary marries or turns 21 years old, any immigration benefits as a “child” terminate.
The Child Status Protection Act (CSPA) may provide relief to certain applicants who aged out. However, the eligibility for age-out relief under the CSPA may be determined only at the time a visa application is adjudicated by a consular officer. When your priority date becomes current for processing and you are scheduled for a visa interview, he may submit a formal visa application at the Embassy. For additional information about the CSPA and how it may apply in this case, you may wish to visit the Embassy’s website at http://manila.usembassy.gov/wwwh3228.html.
Thanks for quick response!!!!!
can you please let me know in which case my son is eligible and which form i need to fill for it
Thanks,
Rajendrasinh
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
In order for your son to qualify for immigration benefits, an I-130 immigrant visa petition must be filed on his behalf with the U.S. Citizenship and Immigration Services (USCIS) office, which has jurisdiction over the U.S. citizen’s place of residence. The USCIS must approve the visa petition before your son can apply for an immigrant visa.
You may wish to visit the following websites:
(1) http://manila.usembassy.gov
(2)http://www.uscis.gov
(3) http://travel.state.gov which provides comprehensive information on immigrant visa petition filing procedures.
You may also wish to contact the USCIS National Customer Service Center (NCSC) toll-free at 1-800-375-5283 regarding this matter.
hello,
my mother has a status of LPR. Should I declare it even if i am applying for a B1B2 visa?
Yanee, please answer all questions on the application form correctly. Concealing information can be detrimental to your application.
Hello Sir! I just want to ask about additional derivative. I already have my scheduled interview this coming Thursday July 26. I have two derivatives included in my appointment and paid already their visa. But I still have 1 child to be left since he was not included in my Ds230 during filing and submission of documents. My Question is do I need to register him as my derivative even though I am not going to bring Him since my partner will not allow me to bring him to the US for security purposes. needing your reply. Thanks in advance!
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
The spouse and children of a principal applicant are entitled to derive immigration benefits from their principal’s approved visa petition and may travel to the United States at a later date.
Following-to-join applicants may derive immigration benefits only if:
1. The spouse or children were acquired before the principal applicant’s admission into the United States; and
2. The principal applicant gained lawful permanent resident (LPR) status or was issued an immigrant visa under the family-preference (F) or employment-based (E) visa categories or was issued a non-immigrant K or V visa. Foreign nationals who immigrated to the U.S. under an immediate relative (IR) visa category need to file a separate Form I-130 visa petition on behalf of their spouses and children.
3. The principal applicant has not naturalized. Once the principal applicant becomes a U.S. citizen, a separate visa petition needs to be filed on behalf of the spouse and/or children to qualify for immigration benefits again.
Following-to-join derivative beneficiaries must present documentation establishing the principal applicant’s immigration status in the United States and their relationship to their principal. These include:
• A copy of the child’s birth certificate issued by the National Statistics Office;
• A copy of the marriage certificate issued by the National Statistics Office;
• A copy of the principal alien’s registration receipt card or I-551 or a copy of the principal alien’s passport pages indicating admission to the U.S. as an immigrant; and
• If applicable, Form I-824, Application for Action on an Approved Application or Petition.
To register a family member as a following-to-join derivative, the above documents may be faxed to the Immigrant Visa Section at (632) 301-2591 or mailed to the Operations Unit, Immigrant Visa Branch, U.S. Embassy, 1201 Roxas Blvd., Ermita, Metro Manila 1000. The documents must come with a letter of request clearly indicating the name of the applicant(s) and the applicant(s)’ contact address and telephone number.
Once the Embassy ascertains the eligibility for following-to-join derivative status, it will provide instructions on how to apply for the visas.
It is important to remember that a child is only eligible for following-to-join benefits if he or she is a child, step-child or adopted child in accordance with U.S. immigration law.
Good evening! I went on my interview today everything went fine. but on the releasing they told me that I need to submit W-2 of my sister and bro in-law who is the co-sponsor of my petitioner as well as CENOMAR. question sir, why are they asking me those requirements, even though I’ve sent the ITR of those 2 co sponsor and my CENOMAR to the Filipino Officer? and they want my requested CENOMAR to be pick up by them? they gave me 221(g) form? please enlighten me. I’m a bit worried. thanks again!
Thank you for your interest in the VISAtisfied Voyager.
For privacy reasons, the Embassy does not address specific case concerns publicly on this blog. For specific information regarding your visa case, please send an email to IVManilaReplies@state.gov, with your complete name, date and place of birth, and the 10-digit visa case number, clearly indicated.
Good day!
I am applying for following-to-join benefits for my two children both less than 10 years old. Their mother and I are not yet married. Will she be able to get a visa and allowed to accompany my children here to the US?
Thanks!
Bruce, if you are not yet married to your children’s mother, then unfortunately she will not be able to get an immigrant visa as your follow-to-join derivative. Once you get married, you can petition for your new wife in the F2A category.
hi i am just waiting for an interview date for my eb3 application,my pd was april 2006 and all documents are submitted already.but i have a few questions,i want to get married now, will it affect my pending visa interview as i applied it single?and how can i get my husband a visa?hope someone can help me thanks.
Thank you for your interest in VISAtisfied Voyager. For specific information regarding your visa case, please send an email to IVManilaReplies@state.gov, with your complete name, 10-digit visa case number, and current contact information clearly indicated.
what is the brown slip signed by f2a pertaining to f2a,can type the whole meaning of that slip?please.
Thank you for your interest in the VISAtisfied Voyager.
For privacy reasons, the Embassy does not address specific case concerns publicly on this blog. For specific information regarding your visa case, please send an email to IVManilaReplies@state.gov, with your complete name, date and place of birth, and the 10-digit visa case number, clearly indicated.
My daughter is Canadian citizen and is now with me in the US. I am a permanent resident (EB-2) since December 2010 and want to file I-485 for her under follow-to-join benefits.
Is there a specific time limit when the dependent child can apply under follow-to-join benefits?
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
Your daughter will continue to qualify as a following-to-join derivative beneficiary of the petition as long as she does not age out (turn 21 years old) or the principal applicant does not adjust status to become a U.S. citizen.
For additional information regarding following-to-join derivatives please check “Vizard’s Corner – Follow to Join” at: http://blogs.usembassy.gov/philippines/?p=380.
i was petitioned by my mother last JUNE 27 2010, my mother is a LPR. i was 20 years old that time. i started receiving documents from us embassy on december 2010, (ds230 part 1) then retrogation strikes.. as of november 2012 my priority date is now current (june 27 is my priority date). but i am 22 years old.. am i qualify for cspa?? and what will be my next step??
Thank you for your interest in the VISAtisfied Voyager.
In order for us to be more responsive to your inquiry, we request you to send an email to IVManilaReplies@state.gov. Your complete name and case number should be clearly indicated in your email
I have filed form I-824 on July 25, 2012 and it was approved on October 23, 2012. This is a follow to join case for my daughter. The approved letter said “The above application application has been approved. We have notified the consulate listed above (which is Manila) that the applicant’s status has been adjusted to that of a lawful permanent resident” I read in the US Embassy website that all follow to join case goes to the NVC first. I am very confused. I call the NVC and they told me my application is not with them. Should my daughter make an appointment directly with the US Embassy in Manila and should i send her the approved I-824.
Thank you for your interest in the VISAtisfied Voyager. For specific information regarding your visa case, please send an email to IVManilaReplies@state.gov with your complete name, date and place of birth, and the 10-digit visa case number clearly indicated.
I forgot to mention that the approved I-824 is under my husband name: Castro Aaron D and my daughter is the one following to join.
Thank you for your interest in the VISAtisfied Voyager.
In order for us to be more responsive to your concerns, we request you to send an email to IVManilaReplies@state.gov with your complete name and case number clearly indicated.
Good day!
My 8 year-old son is now in the process of applying for an immigrant visa as a derivative beneficiary of my approved petition. We have already received a letter from the embassy to schedule an appointment for interview. My question is that do we have to execute and submit a new Affidavit of Support (I-864) for him? It has already been 2 years since I immigrated to the US and we are wondering if the original AOS I used is still valid. We are asking this because we read in the U.S. Department of State’s Bureau of Consular Affairs website that AOS are now valid indefinitely.
And if the the answer is yes to my first question, my second question is can I execute the AOS myself, or am I still considered a sponsored immigrant since I am not yet a US citizen?
Many thanks in advance!
Thank you for your interest in the VISAtisfied Voyager.
To avoid inadmissibility under the public charge provisions of Section 212(a)(4) of the Immigration and Nationality Act (INA), an alien who is following-to-join a principal immigrant must submit a new Affidavit of Support (Form I-864) together with all documents (i.e., copy of the most recent Federal income tax return and wage and tax statements) to prove that the new Form I-864 complies with the requirements of INA Section 213A. When the filing of a new Form I-864 is required for an alien who seeks to follow-to-join a principal sponsored applicant, the same sponsor who filed the visa petition and Form I-864 for the principal sponsored immigrant, must file the new Form I-864 on behalf of the alien seeking to follow-to-join.
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
A petitioner of an immigrant visa petition is legally required to file a Form I-864 as sponsor of the visa applicant. Your son has to submit an updated I-864 Affidavit of Support from the petitioner. If the petitioner’s income is no longer sufficient to meet financial support guidelines, the applicant may provide the same set of documents from a joint sponsor (you may be considered as a joint sponsor). Petitioners/sponsors should also submit their most recent Federal income tax return (Form 1040) and wage statements (Form W-2) together with Affidavit of Support.
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
For privacy reasons, the Embassy does not address specific case concerns publicly on this blog. For specific information regarding your visa case, please send an email to IVManilaReplies@state.gov, with your complete name, date and place of birth, and the 10-digit visa case number, clearly indicated.
Hi good day..I would like to ask some questions regarding on FTJ. My father is a LPR and wants his son to joined him in u.s. what we did is we filed a form I-824 but denied due to lack of requirements then I checked the status of our case it was post decision activity. We want to file form I-485 because we read in some blogs that ftj case have to file this form. My questions are,what is the use of form I-485?? Is there any guarantee that we will be approved? .my brother turned 21 already last december but my father filled the 824 last august 2012 but it was denied. Is my brother under the CSPA or is he still eligible to following to join derivative?? Thanks a lot and hoping for your answer..asap please..
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
Following-to-join applicants may derive immigration benefits only if:
1. The spouse or children were acquired before the principal applicant’s admission into the United States; and
2. The principal applicant gained lawful permanent resident (LPR) status or was issued an immigrant visa under the family-preference (F) or employment-based (E) visa categories or was issued a non-immigrant K or V visa. Foreign nationals who immigrated to the U.S. under an immediate relative (IR) visa category need to file a separate Form I-130 visa petition on behalf of their spouses and children.
3. The principal applicant has not naturalized. Once the principal applicant becomes a U.S. citizen, a separate visa petition needs to be filed on behalf of the spouse and/or children to qualify for immigration benefits again.
4. For follow-to-join derivatives on a K-1 (fiancé) petition, the derivative child must have his or her visa issued within one year of the issuance of the principal applicant, or fiance(e).
Following-to-join derivative beneficiaries must present documentation establishing the principal applicant’s immigration status in the United States and their relationship to their principal. These include:
• A copy of the child’s birth certificate issued by the National Statistics Office;
• A copy of the marriage certificate issued by the National Statistics Office;
• A copy of the principal alien’s registration receipt card or I-551 or a copy of the principal alien’s passport pages indicating admission to the U.S. as an immigrant; and
• If applicable, Form I-824, Application for Action on an Approved Application or Petition.
To register a family member as a following-to-join derivative, the above documents may be faxed to the Immigrant Visa Section at (632) 301-2591 or mailed to the Operations Unit, Immigrant Visa Branch, U.S. Embassy, 1201 Roxas Blvd., Ermita, Metro Manila 1000. The documents must come with a letter of request clearly indicating the name of the applicant(s) and the applicant(s)’ contact address and telephone number.
Once the Embassy ascertains the eligibility for following-to-join derivative status, it will provide instructions on how to apply for the visas.
It is important to remember that a child is only eligible for following-to-join benefits if he or she is a child, step-child or adopted child in accordance with U.S. immigration law.
The Child Status Protection Act (CSPA) may provide relief to certain applicants who aged out. However, the eligibility for age-out relief under the CSPA may be determined only at the time a visa application is adjudicated by a consular officer. When an applicant’s priority date becomes current for processing and he is scheduled for a visa interview, he may submit a formal visa application at the Embassy. For additional information about the CSPA and how it may apply in this case, they may wish to visit the Embassy’s website at http://manila.usembassy.gov/wwwh3228.html.
Information regarding the requirements and procedures for filing I-485 are available from the USCIS website at http://www.uscis.gov/portal/site/uscis. The USCIS National Customer Service Center may also be contacted at 1-800-375-5283 (toll-free for callers in the U.S.) regarding this matter.