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Form I-130 Beneficiay Passport information

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  • Form I-130 Beneficiay Passport information

    Hi All,

    My dad (green card holder )is going to petition my mom and 2 younger brother in the Philippines.
    Anyways my question is, is it really necessary to put the beneficiaries Passport number and Travel Document No., Country of Issuance and expiration date.
    She doesn't have one yet and I really need to file the petition because my brother will turn 21 next year. Thanks

  • #2
    Then just put "none" because she doesn't have one.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Turning 21 unmarried child

      Originally posted by newacct View Post
      Then just put "none" because she doesn't have one.
      Thanks. I just don't want them to reject my or denied my petition.

      I have another question.
      my dad is going to petition my mother as (beneficiary) and he wanted to include my 2 younger brothers
      1 is turning 21 yrs old in 9 mos. Can he still include him to the petition? or needs a separate petition.

      Comment


      • #4
        Did your dad get married before he became a permanent resident? Are the brothers his sons and were they born before he became a permanent resident? How did your dad become a permanent resident?

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          Did your dad get married before he became a permanent resident? Are the brothers his sons and were they born before he became a permanent resident? How did your dad become a permanent resident?
          My dad got married after he became a permanent resident. My brothers were born before my father became a permanent resident. My dad gained his permanent residency through his father.

          Comment


          • #6
            Originally posted by Mercymercy View Post
            My dad got married after he became a permanent resident. My brothers were born before my father became a permanent resident. My dad gained his permanent residency through his father.
            When you said he gained his permanent residency through his father, do you mean that his father petitioned him as a relative, so your dad was the principal beneficiary? or do you mean that someone else petitioned his father (your grandfather) as the principal beneficiary, and your father immigrated as a derivative beneficiary? If the former (your father was petitioned as the principal beneficiary), and your brothers are his children (not step-children) and were born before he became a permanent resident, and are unmarried and under 21, then your brothers can immigrate as his derivative beneficiaries. That way they will have the same category and priority date as your father, which means there won't be a wait for visa numbers (since your father immigrated, so a visa number must have been once available, so unless it retrogressed a lot, it must still be available); whereas if your father petitions them as children of a permanent resident in the F2A category, or petitions your mother in the F2A category and have them as her derivative beneficiaries, there will be a wait for visa numbers of almost 2 years in the F2A category, which means one of the brothers will likely age out into the F2B category, with a much longer wait. If your dad immigrated through consular processing in the Philippines, and your brothers want to follow to join him as derivative beneficiaries also through consular processing in the Philippines, they should be able to contact the consulate to start the follow-to-join process.

            Since your parents married after he became a permanent resident, your mother cannot immigrate as his derivative beneficiary, and your father must petition her as a spouse of a permanent resident in the F2A category.

            (One thing that seems odd is, your brother is almost 21, but your parents have only recently married?)

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Originally posted by newacct View Post
              When you said he gained his permanent residency through his father, do you mean that his father petitioned him as a relative, so your dad was the principal beneficiary? or do you mean that someone else petitioned his father (your grandfather) as the principal beneficiary, and your father immigrated as a derivative beneficiary? If the former (your father was petitioned as the principal beneficiary), and your brothers are his children (not step-children) and were born before he became a permanent resident, and are unmarried and under 21, then your brothers can immigrate as his derivative beneficiaries. That way they will have the same category and priority date as your father, which means there won't be a wait for visa numbers (since your father immigrated, so a visa number must have been once available, so unless it retrogressed a lot, it must still be available); whereas if your father petitions them as children of a permanent resident in the F2A category, or petitions your mother in the F2A category and have them as her derivative beneficiaries, there will be a wait for visa numbers of almost 2 years in the F2A category, which means one of the brothers will likely age out into the F2B category, with a much longer wait. If your dad immigrated through consular processing in the Philippines, and your brothers want to follow to join him as derivative beneficiaries also through consular processing in the Philippines, they should be able to contact the consulate to start the follow-to-join process.

              Since your parents married after he became a permanent resident, your mother cannot immigrate as his derivative beneficiary, and your father must petition her as a spouse of a permanent resident in the F2A category.

              (One thing that seems odd is, your brother is almost 21, but your parents have only recently married?)
              Thank you. I appreciate it.

              Comment


              • #8
                203 A2A INA SPOUSE of LpR

                Originally posted by Mercymercy View Post
                Thank you. I appreciate it.
                Hi All,

                When my dad petitioned my mom he put all my 3 younger brothers in thr petition. But why my mom is the only one showing on the receipt? Or once my mom got approved they'll automatically have one too?

                Comment


                • #9
                  Originally posted by Mercymercy View Post
                  Hi All,

                  When my dad petitioned my mom he put all my 3 younger brothers in thr petition. But why my mom is the only one showing on the receipt? Or once my mom got approved they'll automatically have one too?
                  They'll automatically be derivative beneficiaries, but like I said, you shouldn't have them immigrate as derivative beneficiaries of your mom, because they'll age out and it will take a long time. Instead, they should immigrate ASAP as derivative beneficiaries of your dad who has already immigrated.

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment

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