Has anyone ever filed an immigrant petition on your behalf --DS160

[cooltronics]

Hello All,
We are trying to get visitor visa for my wife (B1/B2) and as the first step, filling DS-160 form wherein we are struck at the question "Has anyone ever filed an immigrant petition on your behalf --DS160".
While she has never been to US before or ever applied for USA visa, her (maternal) uncle who is a citizen has had applied for Immigration for her mother and father 7 years back and since she was dependent, her name is also there. File apparently is still in waiting and would take another 5 years before it is taken up.
Now she is > 21 and also married so not eligible any more in the file that has been put up. My question is, what should we enter for this question yes/No ?

Your urgent help would be highly appreciated.


Regards,
Nishant

[raghvi]

Hello All,
We are trying to get visitor visa for my wife (B1/B2) and as the first step, filling DS-160 form wherein we are struck at the question "Has anyone ever filed an immigrant petition on your behalf --DS160".
While she has never been to US before or ever applied for USA visa, her (maternal) uncle who is a citizen has had applied for Immigration for her mother and father 7 years back and since she was dependent, her name is also there. File apparently is still in waiting and would take another 5 years before it is taken up.
Now she is > 21 and also married so not eligible any more in the file that has been put up. My question is, what should we enter for this question yes/No ?

Your urgent help would be highly appreciated.


Regards,
Nishant

I believe you should still say YES. I believe she can still be considered as part of that FB GC application because of the ruling(Child Status Protection Act) that the applicant's age "freezes" as of date of application for GC processing through family route, so even if your wife turned 21 she could still be eligible, check with an immigration lawyer.
With that said, it becomes very difficult for a person who has had an immigrant petition filed earlier to get a B1/B2 visa, as the person has already show intent to immigrate, which is a negative for B1/B2.

This is my opinion not legal advice.

[netkit]

I believe you should still say YES. I believe she can still be considered as part of that FB GC application because of the ruling(Child Status Protection Act) that the applicant's age "freezes" as of date of application for GC processing through family route, so even if your wife turned 21 she could still be eligible, check with an immigration lawyer.
With that said, it becomes very difficult for a person who has had an immigrant petition filed earlier to get a B1/B2 visa, as the person has already show intent to immigrate, which is a negative for B1/B2.

This is my opinion not legal advice.

Your interpretation is wrong as original poster wife was derivative of F3 visa petition . Now she is over 21 and even now married so she is no more a derivative and beneficiary of F3 visa petition. Only unmarried and upto 21 years of age children are eligible to get benefit from F3 visa petition. CSPA also benefit only unmarried children.