Visa for wifes 17 year-old daughters baby?

[RandR333 9]

We got IR-1/2 visa for wife and 10 year-old son. We went along with teenage daughters wishes to stay behind with aunts until after graduation. She got pregnant and will be having the baby soon. What are our options for bringing the baby?

:bonk:

[Operator 1,927]

Are you going to adopt the baby?

[RandR333 9]

Are you going to adopt the baby?

If adoption is a possibility. We have been wondering about that since the baby's mother will be just 17, but Philippines has some strange adoption laws.

[Operator 1,927]

I don't think it would be possible if you didn't. If the daughter isn't in the package I think you would be out of luck on the baby.

Your wife as an LPR couldn't petition the child and even as a citizen I think it's limited to siblings, children and parents.

Just my thoughts though I could be wrong.

Good luck with the situation though...How's your wife dealing with being a grandparent?

Edited March 7, 2013 by Operator

[RandR333 9]

I don't think it would be possible if you didn't. If the daughter isn't in the package I think you would be out of luck on the baby.

Your wife as an LPR couldn't petition the child and even as a citizen I think it's limited to siblings, children and parents.

Sorry my question may not have been clear, we will be petitioning for the daughter, but what do we need to do to get the baby here? The daughter will arrive as a permanent resident.

[Operator 1,927]

Sorry my question may not have been clear, we will be petitioning for the daughter, but what do we need to do to get the baby here? The daughter will arrive as a permanent resident.

I'd just call the district office and ask what's required. I would think a derivative benefit would be given the baby.

Will the baby's father be ok with it?

Edited March 7, 2013 by Operator

[RandR333 9]

I'd just call the district office and ask what's required. I would think a derivative benefit would be given the baby.

Will the baby's father be ok with it?

The baby's father is fine with it and won't be on the birth certificate.

[apple21 953]

Mother can petition her daughter (IR2), but NOT the grandchild since derivatives are not allowed in the IR categories.

The grandchild will be left behind. You cannot adopt the baby since the baby is NOT an orphan.

Once daughter receives her green card, she can file i-130 for her baby. Baby will be under the F2A category (Unmarried Child below 21 of a Lawful Permanent Resident). Waiting time for F2A is 2-3 years.

The baby's bio father's name can be written on the birth certificate and the baby can use the bio father's last name. It won't make any difference as long as daughter remains unmarried for the IR2 process. Having an illegitimate child automatically gives full custody to the mother anyway.

Edited March 8, 2013 by apple21

[ndu26 114]

your wife can petition her daughter and her little baby will be a derivative of that visa i should think since its mother is the one benefitting. she is unmarried and under 21 so should fall under category F2A.

The wait time is abt 3years so she needs to file ASAP cos once she turns 21 and crosses into F2B the wait becomes abt 11years.

adoption will be tough and may not yield any immigration benefit due to the blood relation involved. it will be seen to have been done purely for immigration reasons.

[aaron2020 11,651]

Mother can petition her daughter (IR2), but NOT the grandchild since derivatives are not allowed in the IR categories.

The grandchild will be left behind. You cannot adopt the baby since the baby is NOT an orphan.

Once daughter receives her green card, she can file i-130 for her baby. Baby will be under the F2A category (Unmarried Child below 21 of a Lawful Permanent Resident). Waiting time for F2A is 2-3 years.

The baby's bio father's name can be written on the birth certificate and the baby can use the bio father's last name. It won't make any difference as long as daughter remains unmarried for the IR2 process. Having an illegitimate child automatically gives full custody to the mother anyway.

Incorrect answer.

Mother is not a USC. She would be an LPR, so she petitions her 17 years old daughter in the F2a category. The wait is 2-3 years and the baby would be an eligible derivative.

The daughter must stay single. Marriage voids the petition since an LPR cannot petition for a married child.

Adoption is a horrible idea because it would be a sham for an immigration benefit.

Edited March 8, 2013 by aaron2020

[RandR333 9]

Incorrect answer.

Mother is not a USC. She would be an LPR, so she petitions her 17 years old daughter in the F2a category. The wait is 2-3 years and the baby would be an eligible derivative.

The daughter must stay single. Marriage voids the petition since an LPR cannot petition for a married child.

Adoption is a horrible idea because it would be a sham for an immigration benefit.

Adoption wasn't something I was excited about.

I guess we will file the F2a for the daughter in the next couple of weeks. I am unclear about the baby being a derivative. Does that mean that the baby can come with her or does that mean the daughter will still have to wait for her green card to file another F2a for the baby?

Thank you all for your answers.

[apple21 953]

Incorrect answer.

Mother is not a USC. She would be an LPR, so she petitions her 17 years old daughter in the F2a category. The wait is 2-3 years and the baby would be an eligible derivative.

The daughter must stay single. Marriage voids the petition since an LPR cannot petition for a married child.

Adoption is a horrible idea because it would be a sham for an immigration benefit.

Yeah sorry. I thought mom was already USC.

MOM, as an LPR, can file i-130 (F2A) for her daughter. The baby automatically becomes a derivative of that F2A petition. Daughter and her baby will immigrate in 2-3 years.

[aaron2020 11,651]

Adoption wasn't something I was excited about.

I guess we will file the F2a for the daughter in the next couple of weeks. I am unclear about the baby being a derivative. Does that mean that the baby can come with her or does that mean the daughter will still have to wait for her green card to file another F2a for the baby?

Thank you all for your answers.

It means the baby can come with her at the same time.

[RandR333 9]

Yeah sorry. I thought mom was already USC.

MOM, as an LPR, can file i-130 (F2A) for her daughter. The baby automatically becomes a derivative of that F2A petition. Daughter and her baby will immigrate in 2-3 years.

It means the baby can come with her at the same time.

Thanks guys. This information is going to make a couple of ladies very happy!

[MIDUVIL 34]

Incorrect answer.

Mother is not a USC. She would be an LPR, so she petitions her 17 years old daughter in the F2a category. The wait is 2-3 years and the baby would be an eligible derivative.

The daughter must stay single. Marriage voids the petition since an LPR cannot petition for a married child.

Adoption is a horrible idea because it would be a sham for an immigration benefit.

I checked on uscis.gov, i didn't see anywhere that the baby can be an eligible derivative, can you please send us a link.

I hope that can help you.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2633/0-0-0-2660.html

(5) Derivative Beneficiaries . Any alien classified as an immediate relative must be the direct beneficiary of an approved petition for that classification. Therefore the child of an alien approved for immediate relative spouse classification is not eligible for derivative classification and must have a petition filed on his or her behalf.

However, the children and, in some cases, the spouse of an alien approved for family preference classification, may be included in the principal alien's preference visa petition. The derivative beneficiary will be accorded the same family preference classification and the same priority date as the principal alien.

If the derivative child of a second preference beneficiary reaches the age of 21 years prior to the issuance of a visa to the principal alien parent, a separate petition will be required for that child. The petition must be filed by the same petitioner that filed for the principal alien parent, and, if approved, would retain the original priority date. Remember, this retention of the original priority date only applies when the derivative child's principal alien parent is accorded second preference classifi cation.

When adjudicating a petition, it is important to determine if there are family members eligible to derive benefits from the petition.

If the family is in the United States and the principal alien is outside the United States, the derivative beneficiaries may be eligible for adjustment of status under section 245 of the Act once the principal alien has immigrated (provided they are not subject to the bars contained in sections 245(a) or 245© of the Act), and should be so notified.