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Category F1 visa finally approved, but beneficiary now has children under 18 years.

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  • Category F1 visa finally approved, but beneficiary now has children under 18 years.

    Hello,

    I am asking this question on behalf of my brother who lives in Mexico. First let me explain his case.

    My father applied for Family Based visas for me and my family on 1995 while he was a Permanent Resident Alien. After many years waiting, we were approved and called the interviews at CIUDAD JUAREZ, MEXICO.The only problem was that my older brother was already 21 years old when we received the appointments. We emigrated and my brother was placed on the F2B Category. My brother always remained in Mexico. Then, My father was told that in order to make this process faster he would need to become U.S. Citizen, which he did and my brother was transferred to the F1 category status. Now, today, after all this years waiting we receive this letter informing us to Submit the visa Application form thru http://nvc.state.gov and to provide all the financial and supporting documents.

    Anyways, the issue here is that while waiting for his Visa Approval my brother had Children, all of them under 10 years old. Also, he never got married to the mother of his Children. So, some of my questions are. Does he needs to include his Children on the DS-260 online Application? Is this issue going to implicate more problems than benefits? Can the Children fall under the derivative category?

    I am attaching the email letter we received, plus what the ceac Summary Screen looks like the so far.


    Thank you
    Attached Files

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