Step daughter has a baby in middle of I-130 process

[Pigletrma 3]

I am a US citizen who married an Ecuadoriana. She got her green card, then applied for the I-130 for her adult, unmarried daughter, who at the time had one 5 year old daughter - who we included in her application. Her priority date is sep of 2018 since then she had another baby in 2019.  So we have 3 questions

 

1) Should my stepdaughter seek to maintain her F2b status - and if so, how/when does one do that?

2) What do we do about the now 4 year old that is not on her application?

3) do we need an immigration attorney?

 

Thank you for any adivce!

 

Edited May 12, 2023 by Pigletrma
typos

[Boiler 45,519]

You are just waiting F2b allows derivatives, if she marries she will have an issue if she does so before her Mother Naturalizes

[Chancy 6,241]

*** Moved from Diversity Visas forum to Bringing Family of LPR forum, where topics about F2B cases are discussed ***

 

[Pigletrma 3]

58 minutes ago, Boiler said:

You are just waiting F2b allows derivatives, if she marries she will have an issue if she does so before her Mother Naturalizes

Thank you, but that is not our concern. our concern is 1) she has given birth to a second child after having applied for her I-130, so her new child is not on the application - what do we do   and 2) Now that her mother is a citizen, I believe her status automatically changed to F1, so should she, and how should she, request that she maintain her F2b status, since F1 is taking loner than F2b

[Boiler 45,519]

Children and spouses for that matter becomes an issue when the PD is current

 

She can ask to remain in the F2b line

Edited May 12, 2023 by Boiler

[Pigletrma 3]

12 minutes ago, Boiler said:

Children and spouses for that matter becomes an issue when the PD is current

 

She can ask to remain in the F2b line

 

13 minutes ago, Boiler said:

Children and spouses for that matter becomes an issue when the PD is current

 

She can ask to remain in the F2b line

Thank you. So she does not need to inform them somehow of the new child? Also, How does she request to remain in the f2b line?

 

[Chancy 6,241]

49 minutes ago, Pigletrma said:

our concern is 1) she has given birth to a second child after having applied for her I-130, so her new child is not on the application - what do we do   and 2) Now that her mother is a citizen, I believe her status automatically changed to F1, so should she, and how should she, request that she maintain her F2b status, since F1 is taking loner than F2b

 

1.  Provide the updated information about the children on the applicant's DS-260 form after the I-130 petition has been approved.  No need to update the I-130 itself nor inform USCIS.  FB cases take years or even decades, so it's common for beneficiaries to have new children while waiting for their cases to be processed.

 

2.  I think you mean visa category, not status.  After the I-130 has been approved and transferred to NVC, check the visa class on CEAC.  If it displays "F11", send a request to NVC to retain the original visa category (visa class "F24").  File the request through NVC's public inquiry form.

 

[Pigletrma 3]

40 minutes ago, Chancy said:

 

1.  Provide the updated information about the children on the applicant's DS-260 form after the I-130 petition has been approved.  No need to update the I-130 itself nor inform USCIS.  FB cases take years or even decades, so it's common for beneficiaries to have new children while waiting for their cases to be processed.

 

2.  I think you mean visa category, not status.  After the I-130 has been approved and transferred to NVC, check the visa class on CEAC.  If it displays "F11", send a request to NVC to retain the original visa category (visa class "F24").  File the request through NVC's public inquiry form.

 

Thank you so much! The case was approved last March. How do I access the DS-260 to make such a change? And how do I access the CEAC?

[Chancy 6,241]

9 minutes ago, Pigletrma said:

How do I access the DS-260 to make such a change? And how do I access the CEAC?

 

You will need to wait for the case Priority Date (PD) to become current (on table B), maybe in around 2 years or so.  For F1 and F2B cases (not from Mexico or the Philippines), NVC enables CEAC filing to cases with PD Jan 2017 or earlier, from table B of the May 2023 visa bulletin -- https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-may-2023.html

 

[Pigletrma 3]

12 minutes ago, Chancy said:

 

You will need to wait for the case Priority Date (PD) to become current (on table B), maybe in around 2 years or so.  For F1 and F2B cases (not from Mexico or the Philippines), NVC enables CEAC filing to cases with PD Jan 2017 or earlier, from table B of the May 2023 visa bulletin -- https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-may-2023.html

 

Now i see why you are "elite'. Very helpful clear info.  Thank you! Her priority date is Sept22, 2018, it sounds like there is nothing I can do until then if i wanted to. The ceac and ds-260  only become available after her priority date becomes current?

[Boiler 45,519]

The Chart A date is December 2014 for F1 September 2015 for F2B, now they do not progress on a linear basis nor do they move in tandem, so you could end changing back and fore.

[Boiler 45,519]

6 minutes ago, Pigletrma said:

Now i see why you are "elite'. Very helpful clear info.  Thank you! Her priority date is Sept22, 2018, it sounds like there is nothing I can do until then if i wanted to. The ceac and ds-260  only become available after her priority date becomes current?

DS260 is for simplicity her application form

 

Online Application
After you pay your fees and the status in CEAC is updated to 'PAID', you and each qualified family member immigrating with you must complete the Application for Immigrant Visa and Alien Registration (Form DS-260).

[Chancy 6,241]

11 minutes ago, Pigletrma said:

The ceac and ds-260  only become available after her priority date becomes current?

 

Yes -- current on table B, specifically.  NVC will also send an email to the petitioner and beneficiary at that time, to notify them that the case is ready for CEAC processing.  So check the visa bulletin every few months or so, and monitor your email inbox and spam folders.