Daughter coming to The Us

[mrtom414 0]

My wife is filipino we where married in the Philippines. I filed her paper work and had no problems bring her here. We have a daughter that was attending college in the Philippines.

She finished her studies 1 year later and graduated at the age of 19. We file for her to come and join us here.

However, There was a problem with her birth certificate. The midwife filed the birth certificate late causing a problem with the dates on the certificate. We have gathered the documents that where requested by the USCIS and have sent them off.

During this time period my daughter became pregnant. She is still unmarried what effect will it have on her application and will she be able to bring her baby if it is born before she is approved.

Do we need to file for the baby as well if it is born before she comes here.

[aaron2020 11,651]

You've have filed for your stepdaughter as an Immediate Relative. Derivative beneficiaries are not allowed in Immediate Relative cases; only the petition person (your stepdaughter) will qualify for a visa.

If the baby is born before she immigrates to the US, she will need to make a decision - stay with the baby in her home country or immigrate to the US without the baby.

If she immigrates to the US without the baby, she can file for the child. It will take 2-3 years.

[pushbrk 12,569]

You've have filed for your stepdaughter as an Immediate Relative. Derivative beneficiaries are not allowed in Immediate Relative cases; only the petition person (your stepdaughter) will qualify for a visa.

If the baby is born before she immigrates to the US, she will need to make a decision - stay with the baby in her home country or immigrate to the US without the baby.

If she immigrates to the US without the baby, she can file for the child. It will take 2-3 years.

Unfortunately, the above answer is absolutely correct. Any chance the visa can be acquired early enough to be used before it is too late in the pregnancy to travel?

Note: This is a CR2 visa case, not K3.

Edited January 14, 2012 by pushbrk

[Ryan H 3,810]

Moved from K3 Process & Procedures to Bringing Family Members of Permanent Residents to America; OP filed a petition on behalf of his wife's daughter and his wife is an LPR.

[pushbrk 12,569]

Moved from K3 Process & Procedures to Bringing Family Members of Permanent Residents to America; OP filed a petition on behalf of his wife's daughter and his wife is an LPR.

The OP filed a petition on behalf of his step-daughter who is an immediate relative of a US Citizen, not just a family member of an LPR. This is the wrong forum.

[Ryan H 3,810]

The OP filed a petition on behalf of his step-daughter who is an immediate relative of a US Citizen, not just a family member of an LPR. This is the wrong forum.

Topic moved to Bringing Family Members of US Citizens to America, thanks for the clarification.

[Mellow 8]

My wife is filipino we where married in the Philippines. I filed her paper work and had no problems bring her here. We have a daughter that was attending college in the Philippines.

She finished her studies 1 year later and graduated at the age of 19. We file for her to come and join us here.

However, There was a problem with her birth certificate. The midwife filed the birth certificate late causing a problem with the dates on the certificate. We have gathered the documents that where requested by the USCIS and have sent them off.

During this time period my daughter became pregnant. She is still unmarried what effect will it have on her application and will she be able to bring her baby if it is born before she is approved.

Do we need to file for the baby as well if it is born before she comes here.

When you married your wife how old was her daughter ?

[JimVaPhuong 4,863]

My wife is filipino we where married in the Philippines. I filed her paper work and had no problems bring her here. We have a daughter that was attending college in the Philippines.

She finished her studies 1 year later and graduated at the age of 19. We file for her to come and join us here.

However, There was a problem with her birth certificate. The midwife filed the birth certificate late causing a problem with the dates on the certificate. We have gathered the documents that where requested by the USCIS and have sent them off.

During this time period my daughter became pregnant. She is still unmarried what effect will it have on her application and will she be able to bring her baby if it is born before she is approved.

Do we need to file for the baby as well if it is born before she comes here.

"We" can't file a petition. Either you filed or your wife filed.

Mellow brought up an important question. You would only be eligible to file if your step-daughter was under 18 when you married her mother. Your wife could file for her as long as she's unmarried, but it's a different visa category.

If you filed for her then your step-daughter will be eligible for an IR2/CR2 visa but your grandchild will not. As aaron posted, immediate relative visas do not allow for derivatives. Either your step-daughter will have to come to the US before her child is born, or your step-daughter will have to file for her child after she becomes a permanent resident.

If your wife filed then you've got a couple of years waiting for her priority date to become current. The visa category is F2A. The good news is that family preference visas DO allow for derivatives, so her child would also be eligible to get a visa. The bad news is that your step-daughter could age out before she gets a visa. Her case would be converted from F2A to F2B, which would mean waiting over 10 years for a visa.