I-130 for child: activation trip requirement

[abum 324]

Hi all. Have a question here. If a natural born USC mother, petitioned for her biological child (as she cannot pass the citizenship automatically), and lets say the immigrant visa is granted, is there a requirement that the child must enter the USA accompanied by the petitioning mother? Or can the  biological father (LPR) go to the USA with the child just to activate the GC without the petitioning mother? (in the event that the mother can only go to the USA later).

[Boiler 45,956]

Petitioner goes first or at the same time.

[abum 324]

goes first = enter the USA and stay there until the beneficiary enters? 

 

What would happen if the child is brought by the other parent and the petitioner had not entered the USA yet?

[SusieQQQ 11,587]

Immigration benefits are for the purposes of family reunification. That doesn’t work if the USC petitioner is not with or already waiting for the beneficiary in the US. That’s also why US immigration policy isn’t just to allow whoever happens to be a USC the ability to pass it on automatically if they are not living in the US.

[SusieQQQ 11,587]

1 hour ago, abumiqdad said:

 

 

What would happen if the child is brought by the other parent and the petitioner had not entered the USA yet?

If the child is not eligible to enter, he/she will be denied entry. What else do you think might happen?

 

Anyway, as far as I know a USC petitioner has to be either resident in the US or able to show proper intent to reestablish domicile there to get the petition approved.

Edited January 6, 2018 by SusieQQQ

[SusieQQQ 11,587]

I’m also curious as to the situation you describe: mother USC, father LPR, I presume the child is a minor from the foregoing conversation - why did the child not become an LPR when the father did?

[abum 324]

8 hours ago, SusieQQQ said:

If the child is not eligible to enter, he/she will be denied entry. What else do you think might happen?

 

Anyway, as far as I know a USC petitioner has to be either resident in the US or able to show proper intent to reestablish domicile there to get the petition approved.

Alright. I thought the non-petitioner parent can also bring the child in to activate the GC.

 

Yeah, i am aware of the second line as  well, we  shall see if i will get RFE  on the domicile intent. 

 

8 hours ago, SusieQQQ said:

I’m also curious as to the situation you describe: mother USC, father LPR, I presume the child is a minor from the foregoing conversation - why did the child not become an LPR when the father did?

had explained this in my earlier threads here - father (myself) was granted DV visa  after the child was born. so the child was not included in the petition.  hence someone has to petition for the child.

the reason of my question here was to prepare myself if the petitioner (mother) might not be able to follow along at the same time (work restriction before the proper move to the USA) and that the activation needs to happen before she is able to finish off her work.

if that is not doable, will have to plan so that she will be able to accompany our baby.

[SusieQQQ 11,587]

23 minutes ago, abumiqdad said:

 

 

had explained this in my earlier threads here - father (myself) was granted DV visa  after the child was born. so the child was not included in the petition.  hence someone has to petition for the child.

 

Forgive me for not reading and remembering every detail of every thread, lol

 

your answer doesn’t make sense though, if you got the DV visa after the child was born as you said, why wasn’t the child on the application? If born between entering and interview you could still get a visa for the child. If you mean born after you got the visa you could either have taken it with on entry or, if born after that, it still automatically gets a green card if first entry is the first time parent goes back on a green card after the birth and if child is still under 2 yo. In neither latter case is a visa or petition needed.

Edited January 7, 2018 by SusieQQQ

[abum 324]

1 minute ago, SusieQQQ said:

Forgive me for not reading and remembering every detail of every thread, lol

 

your answer doesn’t make sense though, if you got the DV visa after the child was born a spouse you said, why wasn’t the child on the application? If born between entering and notification you could still get a visa for the child. If you mean born after you got the visa you could either have taken it with on entry or, if born after that, it still automatically gets a green card if first entry is the first time parent goes back on a green card if child is under 2 yo. In neither case is a visa or petition needed.

 

the child was born after i submitted my DS 260, but before visa was issued. During my DV interview, the CO did give me a choice - either to include the child in the application but risk everyone of missing the DV deadline (Sept) or the visa running out, OR proceed and petition the child later. So I chose the latter.