Can daughter (IR-2) of USC bring her baby with her?

[Eric-Pris 1,607]

This is an old thread I found from about 2 years ago. We have a similar situartion.

Here is the thread: http://www.visajourney.com/forums/topic/354467-children-born-after-i-130-approved

Here's our situation:

My wife is a naturalized USC (last year). She petitioned for her daughter in May 2013. She is 16 and unmarried. The daughter had a baby in Aug 2013 (before petition was approved at USCIS). I put the question out to the board and was told that she could not bring her baby with her. According to the thread above, since my wife's daughter is the primary beneficiary, she can bring her baby daughter with her. Did I understand that correctly?

If so, what do we need to do? In the thread above, the petition was at NVC stage, the OP was advised to send the birtth certificate to NVC to have the baby added to the petition, but my wife petition is already at the embassy, already scheduled for an interview in 9 days. Any suggestions?

Thanks

Edited June 2, 2014 by Eric-Pris

[Eric-Pris 1,607]

My main question is if it would still be possible to add the baby to the petition at this late stage?

Thanks

[Hypnos 6,578]

Immediate relative petitions do not permit derivative beneficiaries. In practice, this means one visa per I-130. There is no way to add the child to the existing petition or visa application, nor can the US citizen grandparent petition their grandchild after the child is born.

In the above case you referenced, that was a family preference petition and not an immediate relative petition.

Edited June 2, 2014 by Hypnos

[apple21 953]

Your wife cannot file an i130 petition for her grandchild.

Derivative children are not allowed in the IR2 category which your step-daughter is in.

Once your step-daughter immigrates, she can file i130 for her child.

Edited June 2, 2014 by apple21

[aleful 1,905]

hi

there are 2 different categories, children under 21 and children over 21

children under 21 are immediate relatives and cannot have derivatives as others have said. they don't have to wait for the visa bulletin

children over 21 are different, as they aren't considered immediate relatives, they can bring their children under 21 as derivatives but have to wait around 7 years for a visa to become available, and depending on the country of origin, some take way longer than that

[aaron2020 11,651]

As others have pointed out, you are not making a distinction between a unmarried child under 21 vs. an unmarried child over 21.

When a USC petitions for an unmarried child under 21, it's an Immediate Relative case where only the beneficiary can get a visa. There is no derivative beneficiaries. There is also no wait for a visa number.

When a USC petitions for an unmarried child over 21, it's an F1 family preference case. Derivative beneficiaries are allowed. However it's a 7 years wait for a visa number.

Your wife's daughter will not be allowed to bring her baby with her.

Here is your best option. Daughter gets her immigration visa and comes to US. As an LPR, she can file for her baby. It would be an F2a case and take about 2 years. As an LPR, she can get a Reentry Permit which allows her to spend up to 2 years outside the US without losing her LPR status. She returns home with the green card and Reentry Permit and wait for her child's case to be processed.

[apple21 953]

The IR2 daughter being below 18 years old can chase Naturalization thru her mother once she gets admitted as an LPR. Right????

Once she has her US passport, she can file i130 for her baby but for the affidavit of support, a sponsor must be at least 18 years old. I don't know if there's a way to overcome that.

[aaron2020 11,651]

The IR2 daughter being below 18 years old can chase Naturalization thru her mother once she gets admitted as an LPR. Right????

Once she has her US passport, she can file i130 for her baby but for the affidavit of support, a sponsor must be at least 18 years old. I don't know if there's a way to overcome that.

Good catch.

If daughter is under 18 when she arrives in the US, then she's automatically a USC under the CCA. All she needs is a US passport to prove US citizenship.

As a USC, she can petition for her child. It will take 6-12 months. As a USC, she can stay abroad as long as she likes.

Daughter is unlikely to meet the I-864 requirements and will probably need a Joint Sponsor.

[apple21 953]

True she will need a joint sponsor.

But the AOS requires that the sponsor (petitioner or joint sponsor) must be at least 18 years of age.

[aaron2020 11,651]

Correcting myself.

A Joint Sponsor will not be needed if the daughter qualifies for USC under the CCA.

When the daughter files for her child, it's also an IR-2 case. The I-864w can be used since the newborn will also become a USC under the CCA.

I-864w for everyone.

[apple21 953]

Correcting myself.

A Joint Sponsor will not be needed if the daughter qualifies for USC under the CCA.

When the daughter files for her child, it's also an IR-2 case. The I-864w can be used since the newborn will also become a USC under the CCA.

I-864w for everyone.

[Boiler 46,198]

So she would not need to be 18?

[aaron2020 11,651]

So she would not need to be 18?

Do you think the US would not let a 16 years old USC bring her child to the US?

Do you think the US government would make her wait until she turns 18?

[Boiler 46,198]

Yes

[Hypnos 6,578]

The I-864W is a waiver of the I-864 requirement; the US citizen mother would not need to be 18 in order to complete it. A normal I-864 yes, but not an I-864W.