Bringing infant to the USA (Merged threads)

[PK_Bazm 13]

The green card application for my mother in law is now with the NVC. We just need to pay the fee for the NVC. However, recently she took guardianship of a baby girl. The baby belongs to a relative who can not take care of her due to hardship. 

 

My mother in law is in a dilemmu. She wants to come to the USA but under no circumstances does she want to leave the baby behind. There is no one to take guardianship from her. 

 

She wants to bring the baby with her to the USA. Is that possible in any way? I am the one who sponsored her I - 130 and am desperate to figure out if there is way for her to bring the child along? 

 

Any help will be greatly appreciated. 

[Boiler 45,753]

No

 

She can delay her move, contact them every year to keep her I 130 alive until she is able to move.

[SteveInBostonI130 3,471]

And if you are wondering if the baby can be petitioned for immigration, that  no.  Not until the baby is officially adopted by MIL.  Even then, the baby/child cannot travel with your MIL.  Your MIL will have to enter the US with her IR5 visa and "activate" her I-551.  Then she can petition the baby via I-130.  This will take 1-2 years.  Your MIL will need to maintain her permanent resident status throughout the process.

[PK_Bazm 13]

19 minutes ago, SteveInBostonI130 said:

And if you are wondering if the baby can be petitioned for immigration, that  no.  Not until the baby is officially adopted by MIL.  Even then, the baby/child cannot travel with your MIL.  Your MIL will have to enter the US with her IR5 visa and "activate" her I-551.  Then she can petition the baby via I-130.  This will take 1-2 years.  Your MIL will need to maintain her permanent resident status throughout the process.

 

I am grateful for your reply. MIL will actually be getting a green card upon arrival to the USA. As you mentioned then she can petition for the baby. You have provided more information than I ever hoped for. Thank you 

[PK_Bazm 13]

35 minutes ago, SteveInBostonI130 said:

And if you are wondering if the baby can be petitioned for immigration, that  no.  Not until the baby is officially adopted by MIL.  Even then, the baby/child cannot travel with your MIL.  Your MIL will have to enter the US with her IR5 visa and "activate" her I-551.  Then she can petition the baby via I-130.  This will take 1-2 years.  Your MIL will need to maintain her permanent resident status throughout the process.

 

I do have a follow up question. Let's assume MIL has arrived in the USA and has received her green card.  Now, does she have to wait a certain period of time before applying for her adopted daughter? Or can she petition for the baby right away? 

[Lemonslice 4,922]

39 minutes ago, amsid_usa said:

 

I am grateful for your reply. MIL will actually be getting a green card upon arrival to the USA. As you mentioned then she can petition for the baby. You have provided more information than I ever hoped for. Thank you 

Does she have guardianship, or has she adopted her?  In which country?  

[PK_Bazm 13]

1 hour ago, Lemonslice said:

Does she have guardianship, or has she adopted her?  In which country?  

She currently has guardianship. However, she is willing to adopt her She is in Pakistan and will be adopting the baby in the same country 

[Boiler 45,753]

I did not think Pakistan had adoption?

 

And F2a is a lot longer than 1 to 2 years.

[SalishSea 17,980]

12 hours ago, amsid_usa said:

 

I am grateful for your reply. MIL will actually be getting a green card upon arrival to the USA. As you mentioned then she can petition for the baby. You have provided more information than I ever hoped for. Thank you 

Will take many, many years.

[SteveInBostonI130 3,471]

On 8/30/2024 at 1:12 AM, amsid_usa said:

 

I am grateful for your reply. MIL will actually be getting a green card upon arrival to the USA. As you mentioned then she can petition for the baby. You have provided more information than I ever hoped for. Thank you 

 

Others here are correct.  I had forgotten that F2A is not current.  It will take several years for the process.  Sep 2024 visa bulletin shows 15Nov21 as the action date for F2A.

[PK_Bazm 13]

Guys, I got the CRBA . Thank you so much for all your help !

[Boiler 45,753]

12 minutes ago, PK_Bazm said:

Guys, I got the CRBA . Thank you so much for all your help !

For who?

[PK_Bazm 13]

18 minutes ago, Boiler said:

For who?

Sorry, wrong post

[PK_Bazm 13]

I am going to give this another try. Any advice, opinion or alternative ideas are welcome

 

 

Goal: To immigrate infant from Pakistan to the USA.

 

So far, this is what I have figured out. I will appreciate any feedback or alternatives to my plan

I am a US Citizen. My mother’s I-130 has been approved and we are waiting for the NVC processing to start.

 

She recently adopted an infant girl. It has been less than 2 years since her adoption, so until this time period is complete, she will not be able to file a  I-I-30 (F2A) for her.

 

By the time the 2 years pass my mother would already have her resident alien card (therefore enabling the F2A)

 

While her daughter’s I-130 is processing, she needs to be In Pakistan to take care of her daughter

 

Resident Aliens cannot leave the USA for more than 6mos. So I plan on filing a  I-131. This will allow her to stay in Pakistan for 2 years without affecting her resident alien status. She has to apply from within the United States as as this is one of the conditions of the

Note:  While the F2A is processing, we can try applying for a US visitor visa for her daughter .Children under 13 do not have to give a visa interview. Not needing to give an interview will save one year of processing  of the visitor visa

 

 

 

[appleblossom 2,816]

16 minutes ago, PK_Bazm said:

I am going to give this another try. Any advice, opinion or alternative ideas are welcome

 

 

Resident Aliens cannot leave the USA for more than 6mos. So I plan on filing a  I-131. This will allow her to stay in Pakistan for 2 years without affecting her resident alien status. 

It will take a LOT longer than 2 years. And a visitor visa wouldn’t help even if she could get one (unlikely), as she couldn’t use that to move the child to the US on, that would be immigration fraud. 
 

Your last posts only 2 weeks ago said she had guardianship and hadn’t adopted the child? But she has now?

 

Just stick to the plan as advised in that post, your mother should pause her processing now and wait to complete the NVC side of things.