confused about k2 visa for stepdaughter

[nightingalejules 678]

@mrtravel - A USC could apply for their unmarried minor child and her child. I think the confusion here is whether or not a USC can apply for their stepchild and her child. This article

http://immigration.findlaw.com/visas/bringing-a-child-to-live-in-the-us-info-for-us-citizens.html

 

suggests that they can, but I don't know. It is clearer that the LPR can do so for their own biological child.

http://immigration.findlaw.com/visas/bringing-a-child-to-live-in-the-us-info-for-permanent-residents.html

 

 

 

[aleful 1,905]

hi

 

correct, there aren't any derivatives for petitions for immediate relatives. for example if a spouse has a child, the US has to petition them separately, as the spouse is considered immediate relative, the US parent can file for a minor child, but not a grandchild, as the child is considered immediate relative. Now if the child was over 21, then yes, since there is a time of waiting and the child can bring their derivatives

 

unfortunately the difference is the age. a minor child is an immediate relative, a child over 21 isn't. the minor child has the benefit to come in around a year, the child over 21 takes years, but can bring derivatives

 

and yes, it's unfair and wrong because for LPR it's different, their child has to wait anyway, and can bring derivatives, as they aren't considered immediate relatives

 

immediate relatives for immigration purposes, are spouses, parents and unmarried children/stepchildren under 21 of a USC. this category only allows the beneficiary to come, the beneficiary can't bring any derivatives with them

 

children and stepchildren of a USC are the same

Edited May 16, 2017 by aleful

[Auds 223]

Can she get a tourist visa to deliver in the US?

 

(based on my understanding that its legal to do so)

[mrtravel 40]

26 minutes ago, Auds said:

Can she get a tourist visa to deliver in the US?

 

(based on my understanding that its legal to do so)

She would have to convince BDP she doesn't intend to remain in the US. 
With her mom here, and delivering mom's grandchild here that might be difficult. 

[Moonspell360 1]

thanks for your help guys, we already decided to bring her as a tourist later on, we waited too long to take advantage of the k2 visa

 

Edited May 16, 2017 by Moonspell360

[Auds 223]

12 minutes ago, Moonspell360 said:

thanks for your help guys, we already decided to bring her as a tourist later on, we waited too long to take advantage of the k2 visa

 

Good wishes.  CR2 still remains an option forvher also and if tpurist visa doesnt come in do file that orvit will be too late for anything.

 

i hope baby can be partly fostered if the need comes for bigger good that they can all be together in the medium term.

[RetConnOff 17]

she will have a tough time getting a tourist visa, with her main family in the US and having missed the K2 boat....don't be surprised when her application gets denied.

[Boiler 45,579]

Does she have a tourist visa?

[Springrain22 427]

I doubt she will get a tourist visa.

[JFH 12,190]

3 hours ago, Auds said:

Good wishes.  CR2 still remains an option forvher also and if tpurist visa doesnt come in do file that orvit will be too late for anything.

 

i hope baby can be partly fostered if the need comes for bigger good that they can all be together in the medium term.

We are going a little off-topic here but why would the baby need to be "partly fostered"? And how does a child become "partly fostered"? Either a child is in foster care or they are not. There has been nothing to suggest that the mother is unable to parent her child. She may only be 17 but many of us were born to teenage mothers (myself included). And there is probably a father on the scene too. Why are you suggesting the baby should be taken away from the birth parents? Who said they are not able to care for their child? 

[Ban Hammer 13,356]

duplicate topics merged

[Transborderwife 4,666]

1 hour ago, JFH said:

We are going a little off-topic here but why would the baby need to be "partly fostered"? And how does a child become "partly fostered"? Either a child is in foster care or they are not. There has been nothing to suggest that the mother is unable to parent her child. She may only be 17 but many of us were born to teenage mothers (myself included). And there is probably a father on the scene too. Why are you suggesting the baby should be taken away from the birth parents? Who said they are not able to care for their child? 

I am not speaking for the poster but my impression was fostered until they could join a parent in America 

[NigeriaorBust 4,087]

  The other possibility is that daughter gives birth there.  Step dad files I 130 now.  Daughter comes up briefly to activate  and files the I130 for baby and a re entry permit for herself. 

[f f 725]

I thought that a person had to be at least 21 to petition anyone or is that just to petition parents? since she is 17 now, having to wait 4 years then another year for it to process seems like a long time to put your life on hold just to bring your child here.

[Jojo92122 1,924]

1 hour ago, NigeriaorBust said:

  The other possibility is that daughter gives birth there.  Step dad files I 130 now.  Daughter comes up briefly to activate  and files the I130 for baby and a re entry permit for herself. 

 

9 minutes ago, f f said:

I thought that a person had to be at least 21 to petition anyone or is that just to petition parents? since she is 17 now, having to wait 4 years then another year for it to process seems like a long time to put your life on hold just to bring your child here.

 

Why would they want to drag this out to 3 years with two separate I-130 petitions?  It's a waste of time and money for the USC stepparent to petition and then for the new immigrant to file another I-130 for her child.  Then there is the cost of the mother filing for a Re-Entry Permit and another set of plane tickets.  Isn't it cheaper and faster for LPR mom to petition in the F2a category where it's one fee for the I-130 and it takes two years?