Follow to Join: Granddaughter?

[blueclown 0]

I have a bit of an odd situation guys.. was going to ask for help. I have a daughter that got pregnant during the visa process. Now, her final interview is scheduled (thereafter a visa to us arrives) but now, she has her 1 month old son. Does he qualify for follow to join benefits? (She hasn't gone thru the interview yet, only her brother, who arrived her in the US last month). Do I just file the i-485 while she waits in Brazil?

[RICARDO4EVA2 194]

I have a bit of an odd situation guys.. was going to ask for help. I have a daughter that got pregnant during the visa process. Now, her final interview is scheduled (thereafter a visa to us arrives) but now, she has her 1 month old son. Does he qualify for follow to join benefits? (She hasn't gone thru the interview yet, only her brother, who arrived her in the US last month). Do I just file the i-485 while she waits in Brazil?

No, you ... nor your daughter CANNOT file the I-485 while she's waiting. You petitioned for your daughter..? The child seem to be eligible for follow to join benefits by notifying the NVC or she can update the information at the interview.

[JimVaPhuong 4,863]

I have a bit of an odd situation guys.. was going to ask for help. I have a daughter that got pregnant during the visa process. Now, her final interview is scheduled (thereafter a visa to us arrives) but now, she has her 1 month old son. Does he qualify for follow to join benefits? (She hasn't gone thru the interview yet, only her brother, who arrived her in the US last month). Do I just file the i-485 while she waits in Brazil?

If the petitioner was a US citizen and the visa class is FB1 then yes - the child has derivative status. If the petitioner was an LPR then no - the child does not have derivative status.

[blueclown 0]

The petitioner (my husband) is a USC. He filed for my daughter and son. But we're wondering as our daughter walks thru that lost process, if we can change her status to add a follow to join for my grandchild. And if so.. how do we do that with the interview already pending abroad?

[RICARDO4EVA2 194]

The petitioner (my husband) is a USC. He filed for my daughter and son. But we're wondering as our daughter walks thru that lost process, if we can change her status to add a follow to join for my grandchild. And if so.. how do we do that with the interview already pending abroad?

you can let the consulate know... so on the day of the interview you let the person know this. You can sent them an email and they will reply with the consulate -specific way on how they will complete the request. You can also contact the NVC since your visa was not issued but since the file/case was transferred to the local consulate it is likely you will be referred there.

[JimVaPhuong 4,863]

The petitioner (my husband) is a USC. He filed for my daughter and son. But we're wondering as our daughter walks thru that lost process, if we can change her status to add a follow to join for my grandchild. And if so.. how do we do that with the interview already pending abroad?

He is not their biological father, correct?

A US citizen can only petition for step-children if the parent/step-child relationship was established before the children were 18 years old. If you and your husband were married before your children were 18 then your husband could petition for your children as immediate relatives - IR2 or CR2. I presume this is what he did. Unfortunately, there are no derivatives for immediate relative visas. Each relative needs their own petition, and a grandparent cannot petition for a grandchild.

Here's the deal - there are two ways your grandchild could come to the US:

1. Your daughter comes first and gets her green card. If she's over 18 then she petition for her child herself. The visa category is FB2A. It will take about 4 years for her child's priority date to become current.

2. Your daughter can skip the current visa and wait until she's 21 years old. Your husband's petition will convert to an FB1. Your grandchild will be eligible for a derivative visa. It will take about 7 years for your daughter's priority date to become current.

Option 1 is obviously faster. There is no faster way that I can see. Your grandchild does not qualify as an immediate relative of a US citizen.