NVC approved my brother's immigrant visa petition. He has a pregnant girlfriend.

[MsDropofrain 4]

Hello. This is a long story. My brother was supposed to come over with my mom many years ago but he aged out (turned 2) just 4-5 months before their supposed arrival. So, she came by herself. Then my mom listened to her "friends" who gave her ill advise to wait until she becomes US citizen to apply for my brother. So, she waited and applied later. NVC approved  his immigrant visa petition last year and my brother is currently gathering his civil documents but with Covid-19 it's taking forever. Of course, life is going on since I immigrated 25 years ago. My mom is retired now and I am a joint sponsor since her income dropped. My brother just turned 40 and found out that his girlfriend of many years is pregnant (this would be his first child). At this point I do not know what's the best way of handling this situation. Since he was under "unmarried child" category, it is my understanding he should remain single. However, what to do with the baby? My brother's girlfriend is panicking that he's going to leave her and the baby and is pressuring him to get married.  That may change my brother's visa category and add additional 5-7+ years of waiting time. Since my mom is a primary petitioner and is not in a greatest health, I am not sure if she would be even alive if we had to wait that much longer. If he does not get married until he gets his green card, can he invite her as his fiancee? Or is it better for him to get married and just wait? What happens with his petition if my mom is no longer with us?

[Timona 4,208]

Well, he's still unmarried. So he gets to use the Visa. If the girlfriend gets him to the alter before visa is issued, then the visa category changes. He will have to mention that he's now married.

 

My thought is: stay single. Not sure if unborn child is to be mentioned at interview. However, if the child is born by then, he can mention/ add. He can thrn marry her after he establishes residency. 

 

I stand to get corrected from the more knowledgeable folks. 

[SusieQQQ 11,587]

11 minutes ago, Timona said:

 

 

My thought is: stay single. Not sure if unborn child is to be mentioned at interview. However, if the child is born by then, he can mention/ add. 

 

 

Slight correction, if the child is born by then he must mention.  
 

Fastest way to get him over is to proceed as unmarried then he marries after he has a green card and files for her - but that could be another 2 years before she can come. Not ideal. He can add kid as derivative on his petition if unmarried. Look after kid alone in US or file re+entry permit for kid so can stay with mom till she gets visa. Not ideal either way.  

 

For the new family to stay together the only way is to do it longer under F3. He keeps his current priority date for that, what is it by the way?
 

There is no fiancée option for a green card holder.

[MsDropofrain 4]

1 hour ago, SusieQQQ said:

For the new family to stay together the only way is to do it longer under F3. He keeps his current priority date for that, what is it by the way?

 

There is no fiancée option for a green card holder.

His priority date is March 29, 2012. I don't think my brother will be taking his child to the US without the child's mother. I cannot even imaging that his girlfriend would even entertain this idea of being away from their baby. there is no way.

If they decide not to marry and my brother moves here. How long does it take to get his green card? Immediately or several months later? He moves to the US, gets a green card and then goes back to take care of the marriage?

 

So, for F3 priority date is 01FEB08,  at least six more years........

I am trying to gather all pros and cons for each option. Sorry, I haven't dealt with the immigration issues for about 20 years, I am really rusty. I really appreciate all possible suggestions.

 

Edited June 7, 2020 by MsDropofrain

[JacobP 186]

33 minutes ago, MsDropofrain said:

His priority date is March 29, 2012. I don't think my brother will be taking his child to the US without the child's mother. I cannot even imaging that his girlfriend would even entertain this idea of being away from their baby. there is no way.

If they decide not to marry and my brother moves here. How long does it take to get his green card? Immediately or several months later? He moves to the US, gets a green card and then goes back to take care of the marriage?

 

So, for F3 priority date is 01FEB08,  at least six more years........

I am trying to gather all pros and cons for each option. Sorry, I haven't dealt with the immigration issues for about 20 years, I am really rusty. I really appreciate all possible suggestions.

 

He'll be a permanent resident upon entry. They'll stamp his passport with an "I-551 stamp", which essentially lets him use his passport as if it were a green card for 1-year until he gets the actual card in the mail, so he can get a job, leave and re-enter the country, and file an I-130 petition for someone else. Per I-130 instructions for proving your permanent residence: "If you have not yet received your card, submit copies of your passport biographic page and the page showing admission as a lawful permanent resident, or other evidence of permanent resident status issued by USCIS or the former INS."

Edited June 7, 2020 by JacobP

[JFH 12,191]

He has a few choices. And he will need to consider his priorities and decide how to proceed.

 

If a life in the USA is his priority then he must remain unmarried, proceed with the visa application and immigrate. Depending on where he is and what the laws are regarding children born out of wedlock he may or may not he able to bring the child with him. He can then subsequently marry the girlfriend after he arrives and wait 2 years or so for her visa to be issued. He will need to have a job or a joint sponsor to be able to do that. Has he got a job lined up for when he arrives?
 

If a family life with his girlfriend and child are his priority maybe he should abandon the idea of immigrating. He’s managed all this time without living here and presumably he is established in his homeland with a job, home, etc. The grass isn’t always greener...

 

Since his mother is a USC he can marry and switch to the “married son of USC” visa path and wait for that to become current and then son, wife and grandchild can all come together. Assuming you are financially able to sponsor 3 arrivals. 

Edited June 7, 2020 by JFH

[JacobP 186]

12 minutes ago, JacobP said:

He'll be a permanent resident upon entry. They'll stamp his passport with an "I-551 stamp", which essentially lets him use his passport as if it were a green card for 1-year until he gets the actual card in the mail, so he can get a job, leave and re-enter the country, and file an I-130 petition for someone else. Per I-130 instructions for proving your permanent residence: "If you have not yet received your card, submit copies of your passport biographic page and the page showing admission as a lawful permanent resident, or other evidence of permanent resident status issued by USCIS or the former INS."

Apparently I'm too late to edit this. So it's either that, or that visa itself will say "UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR" which serves the same purpose after they enter.

[EireneFaith 54]

For me it is better for your brother to come here as soon as his petition is completed. When he gets his actual green card here in US then he can come back to his country and marry his girlfriend come back here to US again and file for her petition which may take 2 years or less. While waiting for her to come to US with their baby he can come back to them for a visit. If your bother got married now the petition will move to F3 which will take more years to wait. Your mother  the petitioner is not in good health and we don't know what will happen. So that is the pros and cons that you and your brother should consider. He can't bring back the hands of time but he can marry his girlfriend some other time.

[SusieQQQ 11,587]

33 minutes ago, EireneFaith said:

For me it is better for your brother to come here as soon as his petition is completed. When he gets his actual green card here in US then he can come back to his country and marry his girlfriend come back here to US again and file for her petition which may take 2 years or less. While waiting for her to come to US with their baby he can come back to them for a visit. If your bother got married now the petition will move to F3 which will take more years to wait. Your mother  the petitioner is not in good health and we don't know what will happen. So that is the pros and cons that you and your brother should consider. He can't bring back the hands of time but he can marry his girlfriend some other time.

Assuming this girlfriend doesn’t mind being left behind for two years with a new baby with just the occasional visit. Yes some people prioritize green cards over being with their families, but not everyone does. He needs to decide what is actually important to him. 
 

 

[aaron2020 11,651]

DO THIS.  My nephew did this.  Whatever he does, DO NOT GET MARRY BEFORE HE IMMIGRATES TO THE US TO GET HIS GREEN CARD.  Even the CO who did his F2b interview advised him to immigrate to get his green card and then return to marry.  

 

1.  Immigrate to the US with his child.  Mother gives permission for the child to immigrate with the father.  Father and child become LPRs.  Get his child a SSN.

2.  Go back home and marry the mother and return the child.  He can travel on his endorsed visa which acts as a green card, and does not have to wait for the physical plastic green card.  (My nephew and his son were in the US for only 10 days before he returned home to marry).

3.  Petition for his wife.

4.  File joint tax returns with his wife.  Under US tax law, a joint return means there is only one address used to file.  Since the child is an LPR with an SSN living with the tax filer parents, the child is an eligible dependent.  (No green card or no SSN, then he can not claim his child as a dependent on his tax return.). Since his child would be an eligible dependent on the joint tax return, the family MAY be eligible for the Earned Income Tax Credit which is about $1000 a year free money if your brother has a low income.

5.  His wife immigrates and bring their LPR child to the US.  Do not worry about abandonment of the green card.  As long as the airline let the child fly, CBP will let the child in. Make sure the father goes home to get the wife and child.  DO NOT LET THEM TRAVEL WITHOUT HIM.  He holds the child while his wife is processed at the POE.

Everything is done according to the law.  Better for father and child to have green cards in their hands than to marry and wait and suddenly for the petitioner to die.

 

 

Edited June 8, 2020 by aaron2020

[Orangesapples 1,954]

If the girlfriend wants to move to the US, I think the best solution is him getting the visa, entering the US to activate it, then applying for a re entry permit. Then he can go back home, marry her, file and wait. 

[MsDropofrain 4]

thank you, guys, truly appreciate all your comments! I am getting a better understanding of this situation and can provide some options/answers to my brother. Ultimately, it should be their -educated- decision. We want to do everything according to the immigration laws.

[NikLR 13,232]

The reentry permit is a good plan to be with his family while he waits for F2A.

[SusieQQQ 11,587]

32 minutes ago, Orangesapples said:

If the girlfriend wants to move to the US, I think the best solution is him getting the visa, entering the US to activate it, then applying for a re entry permit. Then he can go back home, marry her, file and wait. 

 

 

1 minute ago, NikLR said:

The reentry permit is a good plan to be with his family while he waits for F2A.

Assuming OP or someone is making enough and willing to be joint sponsor for the wife, as he obviously won’t have any US income to show for the i864.

[MsDropofrain 4]

6 minutes ago, SusieQQQ said:

 

 

Assuming OP or someone is making enough and willing to be joint sponsor for the wife, as he obviously won’t have any US income to show for the i864.

yeah, that would be me and my husband