Hello.
My girlfriend's mother (dominican citizen) has been asked by her husband (stepfather of my girlfriend). He is a LPR, and got married with her mother before she reached 18. The petition was filed on april 29, 2004. My girlfriend is turning 21 on october 21, 2008, and as we can see in the visa bulletin, that priority date will become current by april 2009. According the CSPA, we believe she won't be elegible, because NVC approved the case so quick (like a month after the I-130 was sent), so she has a 6 month deficit.
I know we can't marry, but we are waiting for a daughter in april 2008 and we want to move to USA. What can we do for my girlfriend getting the green card ASAP?
Thank you.

Are you going to give an answer, please?

I'm sorry I don't know a lot about this kind of case in particular. You might want to call the consulate or go in person directly. As a US citizen they are supposed to receive you.

My guess is that Felix is not a USC.

If your GF does get a GC it will not help you anytime soon, if you marry there is a 5 year or so wait.

You are right Boiler. I am a dominican citizen. The problem is not really me getting a Green Card. I have tourist visa.
I just want to know if my girlfriend will receive the GC with her mother, since her stepfather (LPR) filed a petition for her mother.
I am waiting for your help.
Thank you so much.

It is a big problem, a LPR is resident in the US, a tourist may or may not be allowed in to visit for a short time.

Do you plan on a long term long distance relationship?

So her step father petitioned for her, under 21, and her mother. How far is he away from Citizenship? That would speed thngs up considerably.

There is no problem with my tourist visa. I can reach her in USA after she get the Green Card, then marry and visit her often, till I get my GC.

Her stepfather petiotioned her mother. Is my GF going to interview with her (the petition was filed before she was 18)? What about our baby? That is just what I want to know!

Her stepfather could apply for the citizenship this year, but then the priority date will be very soon, so there won't be a lot of speed up...

I guess it depends on what you mean by often, there could well be a problem.



I would need to check, but I thought they would have seperate petitions. perhaps somebody else knows.



There is about an 18 month wait or so for Citizenship, so sounds logical.

0k.
So...what does my GF needs to get her GC?

Do you understand the rules on aging-out???
I sure dont but they are available on the USCIS web-site. There is some kind of formula that they apply at some point in time to prevent a child from aging out due due to admin delays. You need to read it and see how it would apply in her case.

Yes, I understand CSPA. She would apply. But that is not the fact. Please, it's single:
Stepfather petitioned only her mother. Will receive my GF the GC with her?

well if he never petitioned for her then the USCIS doesnt know about her....without an approved petition where she is the beneficiary, there is no way she is going to receive a visa.
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what about derivative beneficiaries?

I Googled it.

A LPR sponsorship does allow Beneficiaries, so subject to CSPA then she is OK.

But your child is not a beneficiary, so would need to be sponsored by her Mother. Say 6 years, so I guess the question is whether you wish to look after your daughter for that period. And whether her Mother would be willing to leave her behind.

Interestingly if her Step Father naturalises then she will not have any beneficiary status.

Still not clear why the Step Father did not file a seperate petition.

0k, Boiler, thank you.
What about following to join benefit for the baby?

The Baby is not a Beneficiary.

Follow to join may apply to your GF, as she is.

Could you add me on Messenger, please?

felixmichel@msn.com

Sorry, do not use Messenger. And best to delete your e mail from a public forum.

To be honest I am at the edge of my knowledge, it was news to me that LPR's had derivatives, I knew USC's did not.

Well, no problem with my email address.

Yes, LPR have derivative beneficiaries, and that maybe explains the fact that the stepfather did not file a parallel petition for my GF. That is what we want to confirm. I mean:

Is my GF a derivative beneficiary in the petition her stepfather filed in behalf of her mother?

As I understand it the answer is Yes.

If she will not go without the baby, then he needs to file for her seperately.

0k, thank you so much!