Adding new born baby to a petition filed for her dad.

[Greencard-22 43]

Not sure if I’m posting in the right forum. I apologize if I’m not. Just thought I’d post here for a little guidance before considering paying for an immigration lawyer. 
 

My mom is a GC holder and she had applied for my brothers GC (unmarried sons over 21). Their case became current 2 years ago and we sent in all the supporting docs, form and AOS to NVC last year. We’re now just waiting for their interview at the embassy. 
 

My question is, one of my brothers just had a baby girl, two weeks ago. Can we add her on to the petition with him or is it too late? Does anyone know what steps should be taken? 
 

Would appreciate any feedback. I’m the one that has been doing all the paperwork for my mom (the petitioner) and my brothers (applicants), that’s why I’m asking.
 

Thanks 

[Dashinka 24,505]

F2B classification does not allow for derivative dependents.  Assuming the brother with the child is still unmarried and gets an F2B visa he will have to follow-up with an I130 for the child if he has custody (the mother will have a say in some respect).  You should though update the NVC documents to add the child’s information for potential immigration purposes in the future.

 

Good Luck!

 

 

1. Can I bring my dependents with me on an F2B visa? 
   A: F2B visa holders are not able to bring dependents with them to the United States on an F2B visa, they would have to apply for their own visa.

https://www.uscisguide.com/visa/immigrant-visas/immediate-relative-family-sponsored/f2b-visa-spouse-or-unmarried-minor-children-of-us-green-card-holders/

 

[Greencard-22 43]

1 hour ago, Dashinka said:

F2B classification does not allow for derivative dependents.  Assuming the brother with the child is still unmarried and gets an F2B visa he will have to follow-up with an I130 for the child if he has custody (the mother will have a say in some respect).  You should though update the NVC documents to add the child’s information for potential immigration purposes in the future.

 

Good Luck!

 

 

1. Can I bring my dependents with me on an F2B visa? 
   A: F2B visa holders are not able to bring dependents with them to the United States on an F2B visa, they would have to apply for their own visa.

https://www.uscisguide.com/visa/immigrant-visas/immediate-relative-family-sponsored/f2b-visa-spouse-or-unmarried-minor-children-of-us-green-card-holders/

 

He’s still unmarried and he’s the sole parent. 
 

Thank you. Will check it out.

[SteveInBostonI130 3,454]

2 hours ago, Greencard-22 said:

He’s still unmarried and he’s the sole parent. 
 

Thank you. Will check it out.

Mother passed away?

[Dashinka 24,505]

2 hours ago, Greencard-22 said:

He’s still unmarried and he’s the sole parent. 
 

Thank you. Will check it out.

Even if he has sole legal custody, to my knowledge the F2B category does not allow derivatives.

[Boiler 45,519]

IR petitions are the ones that do not allow derivatives, where is the Mother in all of this?

[Dashinka 24,505]

14 minutes ago, Boiler said:

IR petitions are the ones that do not allow derivatives, where is the Mother in all of this?

Thanks, apparently the information I found was wrong regarding derivatives on the F2B.

 

Apologies to the OP.

[Family 3,988]

1 hour ago, Dashinka said:

Thanks, apparently the information I found was wrong regarding derivatives on the F2B.

 

That is one funny site…full of boo boos..most amusing is what they think USCIS stands for 😂

from site:

 

We are not official representatives of the United States Customs and Immigration Services nor are we licensed legal professionals.

 

[Dashinka 24,505]

2 minutes ago, Family said:

That is one funny site…full of boo boos..most amusing is what they think USCIS stands for 😂

from site:

 

We are not official representatives of the United States Customs and Immigration Services nor are we licensed legal professionals.

 

Should have done my due diligence.  

[Boiler 45,519]

I think I was more focused on the 2 week old baby and the mother, did not see the link. Not sure I have come across that one before, not clear who runs it or more interestingly why. A lot of them seem to be set up to generate leads for travel insurance, whatever.

[Family 3,988]

25 minutes ago, Dashinka said:

Should have done my due diligence.  

Perhaps the attorneys advertising on that site forgot to read the not so fine print 😀..it happens, just ask Disney in Florida

[Dashinka 24,505]

So getting back on topic.  Assuming the father has the approval of the mother or some other evidence to show complete legal custody, the I485/I864 and DS260 will need to be updated.

[Boiler 45,519]

I was thinking about evidence that the child is his, I can see them wondering if they were married and of course clarity that the Mother agrees.

 

Consulate may well matter.

[Dashinka 24,505]

9 minutes ago, Boiler said:

I was thinking about evidence that the child is his, I can see them wondering if they were married and of course clarity that the Mother agrees.

 

Consulate may well matter.

I agree, we do not have the entire story from that aspect.  Will most likely be questioned at the consulate.

[Family 3,988]

8 minutes ago, Dashinka said:

So getting back on topic.  Assuming the father has the approval of the mother or some other evidence to show complete legal custody, the I485/I864 and DS260 will need to be updated

All they need to do is email consulate and ask baby be added. No matter if consulate does not respond on time, they show up to the interview with baby and process will be be started. 

What country ? They may look really hard to make sure brother ( principal applicant) is not married , if local culture frowns on living in sin…and ask funny questions like who will care for a nursing infant…otherwise should be fine.