Applying for Stepchild

[gdalicia 1]

Hello everyone,

I will be petitioning for my husband's 17 year old daughter who lives in Mexico. We are in the process of completing a DNA test because he is not listed on the birth certificate and their last names are different (she was born out of wedlock). Once the test is complete I will submit the results with her I-130. In the meantime, she gave birth to a baby this year. She is not married. I am confused about how this will affect her process....will her child automatically be eligible for a visa as well?

Thanks.

[NigeriaorBust 4,087]

No there is no automatic visa for the baby. She could petition for the child when she is an LPR but it would take about an hour for the petition to be approved.

[gdalicia 1]

No there is no automatic visa for the baby. She could petition for the child when she is an LPR but it would take about an hour for the petition to be approved.

Thanks for the quick reply! You said it would take an hour...is that a typo or do you mean she could apply there at the Consulate after they grant her the visa?

[JimVaPhuong 4,863]

Thanks for the quick reply! You said it would take an hour...is that a typo or do you mean she could apply there at the Consulate after they grant her the visa?

That's definitely a typo. An LPR can only file for a family preference visa, which are all rationed. Once the petition is approved she'll have to wait for the priority date to become current before they can apply for the visa. The current wait for an F2A from Mexico is about five years.