Need advice: I-130for husband and stepdaughter

[jamaicagirl41 1]

Hello,

 

Hopefully someone will know the answer to this, or at least point me in the right direction. I filed an I-130 for both my husband and my stepdaughter. We are now at the process of submitting the Ds-260 to the NVC. Here's the issue. My stepdaughter, who is 17     

(still a minor) is now pregnant. If she has the baby in her country, will they allow the baby to immigrate with her? Or if she has the baby over here (US), will that cause issues for me., the petitioner? Will they even allow her to immigrate to the US if she's pregnant?

When I started the process, she wasn't pregnant, so this wasn't an issue. Now that she is, and we're now in the last step of the process, I'm a little worried about what will happen next.

 

Thanks in advance for any advice you can offer.

[Russ&Caro 1,549]

If the baby is born in her country then the biological father will have rights and she may need his permission to immigrate with the baby. If the baby is born here, I believe the father will have far less rights. Her immigrating here pregnant shouldn't be a problem, although some airlines have restrictions on traveling here very late in a pregnancy. Good luck.

 

EDIT: Don't know for sure but I believe if the baby is born in her country then the baby will need a separate application, CR2? If the baby is born here then US citizenship is automatically conferred to the baby.

Edited June 18, 2019 by Russ&Caro

[geowrian 22,337]

If the child is born in the US, they will be a US citizen and no visa or AOS is required, nor permission from the father to live in the US (since they aren't immigrating...they already reside there). Other parental rights may apply.

 

Obviously some sort of plan needs to be in place to cover the cost of the birth, as well as taking care of the child. This will be considered in the public charge decision as well.

I would just reiterate that she must remain unmarried until entry into the US on the immigrant visa. No idea on the status of the father, but a marriage prior to her coming to the US would invalidate the petition, and she would no longer qualify to use the visa (if already issued).

 

2 hours ago, Russ&Caro said:

Don't know for sure but I believe if the baby is born in her country then the baby will need a separate application, CR2?

F2A family preference visa. He cannot petitioner for the child directly and the existing visa does not permit derivatives. So the mother would have to petition for the child after coming to the US....and likely be separated during that period.

Luckily the PD for these are actually current now (ETA: ~12-18 months?), but that quickly change back to ~2-2.5 years.

 

The best option is to get her to the US before birth....it's cheaper , faster, and doesn't involve separation.

Good luck.

[NikLR 13,227]

How far along is she? Sounds like you're close to the end and it would be better for her and the child to be in the USA dor the birth.  There is no derivative for the CR2.  

[jamaicagirl41 1]

Thanks, everyone. She is due in October and yes, we are close to the end of the journey. All paperwork has been submitted. We're just waiting on an interview date and to get the medicals done. Thankfully, she's on my insurance and it will cover everything for HER...including delivery, but the baby is another story. We'll most likely have to pay for the baby's hospital stay and everything that goes along with it.  

 

[NikLR 13,227]

Baby will be a USC and you can look into state funded care care.