christmas123 Posted November 27, 2019 Report Share Posted November 27, 2019 (edited) Hi, Can I know should my child answer Yes or No for the question "if someone has filed immigrant petition on your behalf", my brother in law filed I130 for my husband 13 years ago, my husband is the beneficiary and my child and I are derivative beneficiaries. My child was only 5 years old that time, how can it be on her behalf? now that we have no intention to immigrate any time soon even if our priority is current, so we have not paid for the fee or filed DS260. She will have to apply for F1 for her scholarship is based on international student when she applied. Should she answer Yes or No on this question? If she should answer Yes, does that mean that her chance of F1 approval is zero, then would it be better that she should not apply in the first place. Edited November 27, 2019 by christmas123 Quote Link to comment
JoeF Posted November 28, 2019 Report Share Posted November 28, 2019 I found this on an immigration blog from a lawyer (can't post the link here, it's against forum rules, but you can search for it): "On its face, it appears that if the derivative beneficiary (spouse or child) was listed on an immigrant visa petition (e.g., I-140), the answer is “yes.” Recently, however, the State Department’s Visa Office confirmed that it is acceptable for a spouse or child of a principal foreign national to answer “no” to the question." Quote Link to comment
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