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Filed: Timeline

Hi! im 29 year old single, male. currently i have a pending F2B petition from my mother (priority date 2004), i have a 7 month old daughter (born out of wedlock) My question is just in case my petition becomes current, can i include my daughter with it or can she come with me when my petition arrives? thank you

i mean can a person petitioned under F2b category include derivatives. Ty

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Filed: Citizen (apr) Country: Italy
Timeline

i don't have a straight answer, but the same thing happened to my friend and she left without the baby, petitioned her here and waited 4 years. the kid's already here with the mom (my friend) :)


AOS
(3.31.2011: Filed I-485 + EAD & AP)

4.01.2011: Received Chicago Lockbox
4.05.2011: Check cashed & NOA1 sent
4.06.2011: NOA1 received & Touched all cases
4.14.2011: Biometrics Appointment Letter Notice (dated 04.11)
5.02.2011: Biometrics Appointment Done
5.17.2011: Email/Text notification for Interview on 6.21
5.18.2011: Received Interview notice in the mail (dated 05.14)
5.24.2011: Email/Text notification - order production of EAD & AP
5.30.2011: EAD + AP card in the mail (dated 05.27)
6.21.2011: AOS Interview approved and card production ordered. (day 82)
6.24.2011: Received Welcome Letter in the mail (dated 6.22)
6.28.2011: Received Green Card in the mail.

ROC with Waiver (deceased spouse)

4.15.2013: Sent 1-751
4.17.2013: 1-751 Receipt Notice (with one year extension). CSC
5.10.2013: Biometrics Appointment Letter (dated 05.08) ESC
5.28.2013: Biometrics Completed.
8.12.2013: RFE (lost documents)
8.29.2013: ROC Approved
9.19.2013: 10 year GC (in the mail)

N-400 (5 Years)

03.24.2016: Sent N-400 (USCIS received 03.25)

03.25.2016: Priority Date

04.07.2016: Received complete N-400 (missing a page)

04.08.2016: Payment was charged to CC

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Filed: K-1 Visa Country: Wales
Timeline

The Mother might have something to say about it.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: F-2A Visa Country: Jamaica
Timeline

The Mother might have something to say about it.

Smh - a 7 month old with out a mother.


Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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Filed: Timeline

Yes, derivative beneficiaries are allowed in F2b cases. You will need to send in a photocopy (DO NOT SEND THE ORIGINAL) of your child's birth certificate (naming you as the father) with an English translation to add her as a derivative beneficiary.

When you interview at the US Embassy, you will need either a court order allowing your daughter to immigrate to the US or a notarized letter from the mother allowing the child to immigrate. The US government will not issue a visa to your daughter without permission from the non-immigrating mother or a court order.

By the way, it's your business if you want to raise your daughter in the US. It's sexist to think a father cannot raise a 7 months old child. To those who say a 7 months old should not be separated from the mother; if the mother and father agrees to do then it is not any of our business. Just saying. The OP didn't ask for our opinion on this. He only wants to now if his daughter can immigrate with him.

Edited by Jojo92122

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Filed: Timeline

Thank You very much for replying guys, My Priority Date has still a Long way to go, My daughter would be 4-5 years old by the time my petition becomes current, Actually My GF (the mother of my child has a 10 yr us tourist visa) it is our daughter that we are worried about that might be left behind and have to wait a couple of years for her petition...

ABout my GF, Heres our options..

1. once i get my greencard we can Get married in our motherland then file for a petition, F2A

2. file for a Fiance visa

3. Or let her come to america as a tourist (since she has a visa) then we could get married there (i dont know if this is legal)

@Jojo92122

Thank You very much for your informative post sir, i would keep that mind and take note of that :)

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Filed: Timeline

Thank You very much for replying guys, My Priority Date has still a Long way to go, My daughter would be 4-5 years old by the time my petition becomes current, Actually My GF (the mother of my child has a 10 yr us tourist visa) it is our daughter that we are worried about that might be left behind and have to wait a couple of years for her petition...

ABout my GF, Heres our options..

1. once i get my greencard we can Get married in our motherland then file for a petition, F2A

2. file for a Fiance visa

3. Or let her come to america as a tourist (since she has a visa) then we could get married there (i dont know if this is legal)

@Jojo92122

Thank You very much for your informative post sir, i would keep that mind and take note of that :)

1. Yes. Once you enter the US and get your green card, you can return to your home country to marry your girlfriend. You will then file an I-130 for your wife in the US. It may take years for your wife to get an immigration visa after you file. The current wait for an LPR filing for a spouse is about 3-4 years.

BE VERY CAREFUL. You will get an immigration visa that is valid for a single person. If you get marry before you immigrate to the US, you will not be allowed to enter the US. An immigration visa is NOT a green card. Once you marry, you would disqualify yourself from using the visa issued in the F2 category because you would not be single. A green card is issued AFTER you enter the US as an immigrant.

2. Only US citizens can file for a fiancee. As an LPR, you cannot file for a fiancee.

3. She may be able to enter to the US to get marry on the visitor visa. First, there is no prohibition on entering the US on a visitor visa to marry. However, it is illegal to enter the US on a visitor visa with the intent to immigrate. Second, it's very unlikely that she would be admitted to the US on the visitor visa if she tells the officer at the POE that she intends to get marry. Third, she cannot adjust her status when marrying an LPR because she will lack a current PD date (you can't file for her until she is your wife and it takes 3-4 years for her PD to be current so it's an impossibility for her to have a current PD when she marry you in the US and you attempt to adjust her status). If she stays in the US, she will be an illegal. She can't legally work. She can be deported. She can be banned from returning to the US. DON'T DO THIS. THIS IS A POOR CHOICE.

Your only real choice for your GF to be with you is option 1. You will have to endure the separation.

There is no other choice until your petitioner become a US citizen. If your petitioner parent becomes a US citizen, you can get marry and your case would be moved to the F3 category, US citizen petitioning for a married child. This would mean adding another 4-5 years to your wait to immigrate to the US, but it would allow you, your wife, and children to immigrate to the US at the same time.

Edited by Jojo92122

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Filed: K-1 Visa Country: Wales
Timeline

Time for a re think.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

@Jojo92122

Once again thank you very much sir, your post has been very helpful and informative... Now i know cant file for a fiancee nor we can get married in america, its a bit sad we have to wait 3-4 years to be reunited

one more question sir, will her tourist visa be revoked once i file for a petition (f2a)

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Filed: Timeline

@Jojo92122

Once again thank you very much sir, your post has been very helpful and informative... Now i know cant file for a fiancee nor we can get married in america, its a bit sad we have to wait 3-4 years to be reunited

one more question sir, will her tourist visa be revoked once i file for a petition (f2a)

No, your GF will not automatically lose her visitor visa just because an I-130 has been filed for her. However, she may have trouble entering the US because her fiancee and child are LPRs. It shows strong ties to the US which may make it harder for her to overcome the presumption that every one entering the US has the intent to immigrate. Be aware that a visitor visa does not guarantee entry into the US. A person with a visitor visa can still be denied entry into the US.

Edited by Jojo92122

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Filed: FB-2 Visa Country: India
Timeline

Long way to go? Maybe not - just a few months back the PD current was April 2005

Thank You very much for replying guys, My Priority Date has still a Long way to go, My daughter would be 4-5 years old by the time my petition becomes current, Actually My GF (the mother of my child has a 10 yr us tourist visa) it is our daughter that we are worried about that might be left behind and have to wait a couple of years for her petition...

ABout my GF, Heres our options..

1. once i get my greencard we can Get married in our motherland then file for a petition, F2A

2. file for a Fiance visa

3. Or let her come to america as a tourist (since she has a visa) then we could get married there (i dont know if this is legal)

@Jojo92122

Thank You very much for your informative post sir, i would keep that mind and take note of that :)

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