Step daughter's IR 2

[csh2020 18]

We need advice. My 3 stepkids (of a USC) were approved and 2 are now here with their POE stamps and SSN cards. My 18 year old unmarried daughter decided to wait behind in tge Dominican Republic (DR) and travel later because her baby is 3 months old. (She got pregnant during the extended wait because of Covid closures). 

 

She plans to travel here soon (before her visa travel date expires). She will leave the baby in the care of the father and his mother (while he works). When she gets to the USA, she plans file an I-160 for her baby. (We aren't sure if she and the father plan to marry. If so, they will do so before she files for the father and baby). 

 

Here is the question. There seems to be a delay in getting Green Cards perhaps because backlogs caused by Covid. She will probably travel back to see her baby very shortly after getting here with her visa stamp. Would it be wise for her to travel before getting her Green Card? (Fee has been paid). 

 

We know she would like to return to the DR and stay with the baby at home while waiting out the I-160 process. How long can she stay in the DR on a Visa stamp? What are here options to do this without jeopardizing her resident status? Will she need to travel back to the USA periodically during the process? We know it will be a minimum of 2 years since she will we a resident filing the I-160. Also the father is very supportive.  Thanks for your input as it helps with the decision making of how to proceed. 

[HRQX 4,145]

44 minutes ago, csh2020 said:

What are here options to do this without jeopardizing her resident status?

She can do the following:

1. Enter the US with the IR-2.
2. File Form I-131 (by mail) to request a Re-entry permit: https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf "A reentry permit establishes that you did not intend to abandon status, and it allows you to apply for admission to the United States after traveling abroad for up to 2 years without having to obtain a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance."
3. Open bank account, etc. to establish her US domicile
4. Wait for and then attend the biometrics appointment for the Re-entry permit process.
5. Leave the US after attending the biometrics appointment. (From the link above: "you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities.")
6. Marry her partner in the DR
7. File I-130 (with I-130A supplement) for her partner; the baby would be a Derivative applicant. I recommend online filing: https://www.uscis.gov/i-130

Edited June 27, 2021 by HRQX

[Chancy 6,243]

33 minutes ago, csh2020 said:

When she gets to the USA, she plans file an I-160 for her baby.

 

I think you mean an I-130 petition.

 

34 minutes ago, csh2020 said:

Would it be wise for her to travel before getting her Green Card?

 

Her IR2 visa with CBP entry stamp will serve as her green card for 1 year.  The endorsed visa will work just as well as a plastic green card, so it will not be more (or less) risky to travel with her endorsed visa.

 

I recommend filing the I-131 for a re-entry permit before she goes back to the DR, as detailed above by @HRQX

 

[csh2020 18]

9 hours ago, HRQX said:

She can do the following:

1. Enter the US with the IR-2.
2. File Form I-131 (by mail) to request a Re-entry permit: https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf "A reentry permit establishes that you did not intend to abandon status, and it allows you to apply for admission to the United States after traveling abroad for up to 2 years without having to obtain a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance."
3. Open bank account, etc. to establish her US domicile
4. Wait for and then attend the biometrics appointment for the Re-entry permit process.
5. Leave the US after attending the biometrics appointment. (From the link above: "you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities.")
6. Marry her partner in the DR
7. File I-130 (with I-130A supplement) for her partner; the baby would be a Derivative applicant. I recommend online filing: https://www.uscis.gov/i-130

Can she file the I 130 from the DR? We can help in any way from this end. 

[HRQX 4,145]

2 hours ago, csh2020 said:

Can she file the I 130 from the DR?

Yes, she can. That is why I recommended online filing. The online application is straightforward; eventually it's going to ask her: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When she selects "Spouse" it says the following:

You selected you are petitioning for a spouse

You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.

 

 

 

It'll prompt her in certain sections to upload supporting documents like the DR marriage certificate, etc. The I-130A supplement PDF will also be uploaded when the application asks for it:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

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