Visa type?

[Eric-Pris 1,607]

Hi all,

My wife recently became a citizen. We sent off the I-130's for her 2 kids last month. They are both minors and unmarried.

What visa category is that IR-2?

Also, the daughter is pregnant. She is due in July so she will have the baby before she comes to the US, unless they approve her in the next 30 days.

We know that my wife can't petition for the grandchild. My stepdaughter will have to do it once she arrives. She'll be a citizen right away since my wife is a citizen. My question is whether a minor can petition for her baby? I assume we'll need to co-sponsor the I-864 since she's a student.

Thanks again for the help.

[canadian_wife 1,829]

I do not believe a minor can petition.

Good luck

[aaron2020 11,651]

I do not believe a minor can petition.

Good luck

This is incorrect.

A minor parent of any age can petition a child. The parent's age is not a problem.

Read the instructions for Form I-130.

The only time the petitioner's age matters is when the beneficiary is either a parent or sibling. A petitioner must be over 21 to petition a parent or sibling.

[canadian_wife 1,829]

Interesting, thanks for the correction

[Eric-Pris 1,607]

Thanks for the info

[NigeriaorBust 4,087]

So the granddaughter will not be able to immigrate with the daughter. The daughter will have to make a choice between immigration and being with her child.

[Eric-Pris 1,607]

So the granddaughter will not be able to immigrate with the daughter. The daughter will have to make a choice between immigration and being with her child.

Yep, she will become a US citizen as soon as she arrives in the US. We'll send the petition for the granddaughter. She can go back and forth for a year to see her daughter while the petition is being processed.

Do they require an interview for a baby?

Edited June 4, 2013 by Eric-Pris

[Boiler 46,131]

What about the father?

[Eric-Pris 1,607]

What about the father?

His name will not be on the birth certificate.