Derivative under 21 but with a child

[Gillian Gomez 0]

I came to US on Fiance visa. One of my children is under 21 but with a 1 yr old child. Will her 1 yr old child need a visa to come to US?

[Penguin_ie 6,005]

Yes, everyone needs a visa unless they are from a visa waiver program. Your grandchild cannot get a K2 though.

[Gary and Alla 3,696]

I came to US on Fiance visa. One of my children is under 21 but with a 1 yr old child. Will her 1 yr old child need a visa to come to US?

Your child is eligible for a K-2, your grandchild will have to stay behind. After 5 years your child could become a citizen and petition their child on a CR visa.

Edited February 16, 2012 by Gary and Alla

[aaron2020 11,652]

Yes, your grandchild will need a visa.

Unmarried daughter under 21 is eligible for a derivative K-2.

A grandchild is not an eligible derivative on the K-1 for you.

There are two choices;

1. Daughter comes to US as K-2 derivative without grandchild. When daughter becomes LPR, she can file for her child. It would be an F2a case, and it will take 2-3 years. Daughter must live in US to maintain LPR status.

2. Daughter does not come to US as your derivative. After you become LPR, you petition for unmarried daughter. It would be an F2a case, and it will take 2-3 years. When daughter gets immigration visa, her child will also get a visa as her derivative.

Edited February 16, 2012 by aaron2020

[Gillian Gomez 0]

Yes, your grandchild will need a visa.

Unmarried daughter under 21 is eligible for a derivative K-2.

A grandchild is not an eligible derivative on the K-1 for you.

There are two choices;

1. Daughter comes to US as K-2 derivative without grandchild. When daughter becomes LPR, she can file for her child. It would be an F2a case, and it will take 2-3 years. Daughter must live in US to maintain LPR status.

2. Daughter does not come to US as your derivative. After you become LPR, you petition for unmarried daughter. It would be an F2a case, and it will take 2-3 years. When daughter gets immigration visa, her child will also get a visa as her derivative.

[Gillian Gomez 0]

Thanks a lot Aaron2020. I think it's better to do the 2nd one.

Your child is eligible for a K-2, your grandchild will have to stay behind. After 5 years your child could become a citizen and petition their child on a CR visa.

Your child is eligible for a K-2, your grandchild will have to stay behind. After 5 years your child could become a citizen and petition their child on a CR visa.

[Gillian Gomez 0]

Your child is eligible for a K-2, your grandchild will have to stay behind. After 5 years your child could become a citizen and petition their child on a CR visa.

Thanks a lot Gary and Alla. It will take so long to wait but its better than not at all.

Yes, everyone needs a visa unless they are from a visa waiver program. Your grandchild cannot get a K2 though.

Thanks a lot Penguin_ie

Yes, your grandchild will need a visa.

Unmarried daughter under 21 is eligible for a derivative K-2.

A grandchild is not an eligible derivative on the K-1 for you.

There are two choices;

1. Daughter comes to US as K-2 derivative without grandchild. When daughter becomes LPR, she can file for her child. It would be an F2a case, and it will take 2-3 years. Daughter must live in US to maintain LPR status.

2. Daughter does not come to US as your derivative. After you become LPR, you petition for unmarried daughter. It would be an F2a case, and it will take 2-3 years. When daughter gets immigration visa, her child will also get a visa as her derivative.

Yes, your grandchild will need a visa.

Unmarried daughter under 21 is eligible for a derivative K-2.

A grandchild is not an eligible derivative on the K-1 for you.

There are two choices;

1. Daughter comes to US as K-2 derivative without grandchild. When daughter becomes LPR, she can file for her child. It would be an F2a case, and it will take 2-3 years. Daughter must live in US to maintain LPR status.

2. Daughter does not come to US as your derivative. After you become LPR, you petition for unmarried daughter. It would be an F2a case, and it will take 2-3 years. When daughter gets immigration visa, her child will also get a visa as her derivative.

[Gillian Gomez 0]

Thanks a lot aaron2020. I'll do your second suggestion.

[aaron2020 11,652]

Thanks a lot aaron2020. I'll do your second suggestion.

Opps! I forgot to mention something about Option 2. If your daughter turns 21 while waiting in the F2a family preference category, she will age out into the F2b category. In the F2b category, she would need to wait 11 years for a visa.

What is your daughter's birthday?

[Gillian Gomez 0]

Opps! I forgot to mention something about Option 2. If your daughter turns 21 while waiting in the F2a family preference category, she will age out into the F2b category. In the F2b category, she would need to wait 11 years for a visa.

What is your daughter's birthday?

Oh!that's too long. She will turn 21 on November 13. My son could not come also because he aged out while securing all his papers.