Minor child of an LPR

[kyle francine 0]

Hi everyone,

Another question from me...

I hope somebody can give me information for my daughter, I am an IR2 - daughter of a US citizen, my question is,I am a single mother, I have a daughter 7 y.o. my POE here in the US was last dec 11,2011. I am a LPR, I was told by someone that my daughter could have been considered as a derivative and I could have bring her along with me here in the US?Is that true?...what can I actually do right now so I can get her in a fastest way other than filing F2A? Can I still file for her as a derivative here in the US?what should be the process if ever...

Also, am I already eligible to file for petition?

For AOS is it possible if its not a relative or a person living in the household that I can get a co-aponsor...I hope u have some idea..Thank you.

Thank you.

[ceadsearc 515]

You came on an IR-2 visa? A visa for unmarried children of USCs who are under 21? Is that correct?

There are no derivative visas in IR categories. The F1 category allows for the minor children of the unmarried child of a USC but visas aren't immediately available in that case.

As an LPR you can now file for your child under the F2A category. It'll take about 3 years.

[aleful 1,905]

Hi everyone,

Another question from me...

I hope somebody can give me information for my daughter, I am an IR2 - daughter of a US citizen, my question is,I am a single mother, I have a daughter 7 y.o. my POE here in the US was last dec 11,2011. I am a LPR, I was told by someone that my daughter could have been considered as a derivative and I could have bring her along with me here in the US?Is that true?...what can I actually do right now so I can get her in a fastest way other than filing F2A? Can I still file for her as a derivative here in the US?what should be the process if ever...

Also, am I already eligible to file for petition?

For AOS is it possible if its not a relative or a person living in the household that I can get a co-aponsor...I hope u have some idea..Thank you.

Thank you.

who filed for your, parent or a spouse, because you said you were a daughter of a USC. did your mother or father file for your> in that case your child should have come with you, did you put her on your i130. In that case I don't understand why you didn't file the paperwork for her.

or did a USC spouse file for you, in that case no, but he could have filed 2 petitons at the same time.

who filed for you?

[ceadsearc 515]

If she came on an IR-2 her mother must have petitioned her. I am a bit confused though as that is a category for children under 21 of USCs but the OP states in other threads she is 27 yet has just entered the US.

Unlike with the F2 category though, a child is not included in an IR petition, according to the USCIS website. I've never heard of a case of someone on an IR-2 bringing their own minor child though I suppose it occasionally happens, but a separate petition would have been needed at the very least. Not sure anything else can be done now but maybe someone else will know.

[kyle francine 0]

Hi everyone thank you for the reply, Yes, I am 27 years old and I just came here in the US, I have been petition 3x the first time I was petition I was like in 6th grade most probably I was 10 / 11 y.o. by then that is why i Cannot trace my timeline but to cut the story short, it was only by the 3rd petition that I did process everything. My mother is the one who petition me.

During my last petition,the Visa was already on the process again and I gave birth to my child I was 21, so mom did include the name of my child in the paper works, but then, I am not quite sure what happen, the only thing I know was by that time i think it was 2005, I was told my Visa needs to be verified again together with my child, since my daughter is an illegitimate child ...in her birth cert,in the Father's name that needs to be filled out we did not recognize him, it was filled out as unknown, that was I think one of the reason why I have to wait for a few years for they might be thinking she is an adopted child or i dont have an idea with that, then come 2010...I was mailed again by NVC that my visa without the name of my daughter on it, it was processed again, and bcoz of the fear of ending up problems again we have decided to stick what they have put in the letter not including my daughter..

Now during my interview, last July 2011 at USEM manila, the consul then again ask for birth certificate of my daughter and was not contented to what i provided them they were asking for a second page of it, which i am not aware of, then they told me I have to request that to the National Statistics Office in Pasay Manila and somebody from the USEM manila will pick it up, since they have to validate if the child I recognize is really my child and it will take time to be verified. I was interviewed July 08,2011 and got my visa august 12,2011.

So since they grant me my VISA it will state that the verification that they made on my daughter's documents was completed and perhaps the information provided by me to them is accurate, would that mean I could have actually brought her along with me by the time I went here in the US?

Is she considered as a derivative? or do I have to file for her petition?...

Thank you.

[aaron2020 11,651]

Hi everyone thank you for the reply, Yes, I am 27 years old and I just came here in the US, I have been petition 3x the first time I was petition I was like in 6th grade most probably I was 10 / 11 y.o. by then that is why i Cannot trace my timeline but to cut the story short, it was only by the 3rd petition that I did process everything. My mother is the one who petition me.

During my last petition,the Visa was already on the process again and I gave birth to my child I was 21, so mom did include the name of my child in the paper works, but then, I am not quite sure what happen, the only thing I know was by that time i think it was 2005, I was told my Visa needs to be verified again together with my child, since my daughter is an illegitimate child ...in her birth cert,in the Father's name that needs to be filled out we did not recognize him, it was filled out as unknown, that was I think one of the reason why I have to wait for a few years for they might be thinking she is an adopted child or i dont have an idea with that, then come 2010...I was mailed again by NVC that my visa without the name of my daughter on it, it was processed again, and bcoz of the fear of ending up problems again we have decided to stick what they have put in the letter not including my daughter..

Now during my interview, last July 2011 at USEM manila, the consul then again ask for birth certificate of my daughter and was not contented to what i provided them they were asking for a second page of it, which i am not aware of, then they told me I have to request that to the National Statistics Office in Pasay Manila and somebody from the USEM manila will pick it up, since they have to validate if the child I recognize is really my child and it will take time to be verified. I was interviewed July 08,2011 and got my visa august 12,2011.

So since they grant me my VISA it will state that the verification that they made on my daughter's documents was completed and perhaps the information provided by me to them is accurate, would that mean I could have actually brought her along with me by the time I went here in the US?

Is she considered as a derivative? or do I have to file for her petition?...

Thank you.

You need to determine if you were granted a visa as an Immediate Relative or in the F-1 family preference category. Your story is so muddle that I can't figure it out. You need to look at the visa inside your passport - what "visa type/class" is it?

If it is an IR-2, then you will need to file a new I-130 for your daughter. It will take about 2-3 years for her to get an immigration visa.

If it is not an IR-2, then you probably got your visa in the F-1 family preference category. You can do a follow-to-join, and it will take about 6-12 months to bring your daughter to the US.

[kyle francine 0]

Im sorry if I am a bit confusing, I am not quite sure how to put the words in my mind...Yes, I am an IR2.

[aleful 1,905]

Im sorry if I am a bit confusing, I am not quite sure how to put the words in my mind...Yes, I am an IR2.

your daughter was a derivative, but it seems you weren't able to prove that she was your daughter in time. I'm not sure if you are still elegible to file for follow to join under your mom's petition or if you will have to file an new petiton for her.

It would be goood for you to consult a reputable immigration attorney.

[aaron2020 11,651]

Im sorry if I am a bit confusing, I am not quite sure how to put the words in my mind...Yes, I am an IR2.

your daughter was a derivative, but it seems you weren't able to prove that she was your daughter in time. I'm not sure if you are still elegible to file for follow to join under your mom's petition or if you will have to file an new petiton for her.

It would be goood for you to consult a reputable immigration attorney.

Her daughter was not a derivative, and a lawyer will not change that. Derivative beneficiaries are not allowed in Immediate Relative cases. The OP obtained an IR-2 visa. She will need to file a new I-130 for her daughter and wait 3 years.

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http://santodomingo.usembassy.gov/iv-faq-answers.html

What is the principal beneficiary of a petition and what is a derivative beneficiary?

In a family-based immigrant visa case, the principal beneficiary of a petition is the person on whose behalf the petition was filed, that is, the person listed on the right side of the front of Form I-130 (Petition for Alien Relative). A derivative beneficiary is the spouse or child of the principal beneficiary. A preference family-based case may have many derivative beneficiaries in addition to the principal beneficiary, and all of the beneficiaries (principal and derivatives) share the same petition and the same case number. There are no derivative beneficiaries in immediate relative family-based cases, which means that each applicant must have his or her own petition and individual case number.

Edited January 27, 2012 by aaron2020