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Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Last February my MIL who is a PR petitioned for her minor son (20yo). I-130 has been approved and paperwork is in NVC, we are waiting on case number any day now. I just found out that his girlfriend is pregnant. (Even though we had a very serious talk regarding making sure this doesn't happen :( ) The baby won't be born until after his interview. Does it matter that his girlfriend is pregnant? Obviously its not going to be information that we share during the interview. However, if/when he becames a PR and the baby is born, will there be issues for him petitioning for the baby?

Hubby Step-Mom Apply for minor child
2/25/2013 - Priority Date

NVC
03/19/2014 - Case complete at NVC

01/02/2015 - Interview scheduled (Interview Date: 02/12/2015)

Filed: F-2A Visa Country: Philippines
Timeline
Posted

I don't see any problem with it as long as he stays unmarried until he receives his gc petitioning the baby isn't problem. Many f2b has a child or children already when they migrated just as long as they are single. We'll see other's answer

I-130 (California Service Center)

Category: F2A (Philippines)

Priority Date: August 28, 2013

2013-01-03: Married

2013-08-26: I-130 Sent

2013-08-28: I-130 Received

2013-09-05: NOA-1

2013-09-11: NOA1 (Hard copy)

2013-10-02: NOA2 approved (SMS and email from USCIS)

2013-10-08: NOA2 (Hardcopy)

NVC

2013-10-15: NVC received the case.

2013-10-24: Received Case number, IIN, Beneficiary number, AOS invoiced & sent DS-261.

2013-10-31: Paid AOS fee.

2013-11-01: Received IV invoiced and Paid it as well.

2013-11-02: AOS fee status changed to paid.

2013-11-07: IV Fee status changed to PAID & sent DS-260.

2013-11-18: AOS Docs & IV docs sent together thru DHL

2013-11-20: NVC received the AOS and IV documents.

2013-11-21: NVC confirmed that they received the documents

****Awaiting for Case complete***

Filed: F-2A Visa Country: Philippines
Timeline
Posted (edited)

The baby won't cause any problems. If he marry his girlfriend during the immigration process, THAT will cause issues because he was petitioned as an UNMARRIED child. He must remain single.

After he enters the US using the F2A visa, he can immediately go back to Mexico and marry his GF. He can file i-130 for his wife and their baby will be a derivative of that i-130 petition.

Edited by apple21
Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Cool. That's what I thought but wasn't sure. It just kind of wierd that you can imigrate as a minor with a child, but not a minor that is married.

Hubby Step-Mom Apply for minor child
2/25/2013 - Priority Date

NVC
03/19/2014 - Case complete at NVC

01/02/2015 - Interview scheduled (Interview Date: 02/12/2015)

Filed: F-2A Visa Country: Philippines
Timeline
Posted (edited)

Cool. That's what I thought but wasn't sure. It just kind of wierd that you can imigrate as a minor with a child, but not a minor that is married.

LPR/Green Card holders cannot petition for their married children. Only US citizens can.

If he decides to get married that will void his F2A petition. His mom would have to naturalize first before she can file another i130 for him. He will get a new priority under the F3 category and a new waiting time of 20 years.

Edited by apple21
 
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