F2B Question

[hijackthis 0]

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

[mrsfrisbey 6]

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)

[Boiler 43,392]

The Mother might have something to say about it.

[RICARDO4EVA2 194]

The Mother might have something to say about it.

Smh - a 7 month old with out a mother.

[Jojo92122 1,924]

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 June 25, 2011 by Jojo92122

[hijackthis 0]

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

[Jojo92122 1,924]

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 June 26, 2011 by Jojo92122

[Boiler 43,392]

Time for a re think.

[hijackthis 0]

@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)

[Jojo92122 1,924]

@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 June 26, 2011 by Jojo92122

[GKG 0]

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