Bringing kids to US after naturalization

[Eric-Pris 1,602]

Hi all,

I have a question that I would like to ask.

My wife is scheduled for her interview on Monday. Once she passes, we will be inviting her teenage daughter to live wth us. She is under 18 and is pregnant. How does it work when the person you are inviting is pregnant. What happens if she has the baby before her paperwork is approved? I assume her baby would be allowed to come with her. Would we indicate anything on her paperwork?

Thanks for any help.

[apple21 953]

If the baby is born while the paperwork is in process, the baby will not be allowed to immigrate with the mother because derivatives are not allowed for the IR categories.

Your wife cannot file i-130 for her grandchild. The daughter can petition for her child once she receives her green card. Child will be under the F2A category with a waiting time of 2-3 years.

Edited March 2, 2013 by apple21

[TimeTravel 78]

Hi all,

I have a question that I would like to ask.

My wife is scheduled for her interview on Monday. Once she passes, we will be inviting her teenage daughter to live wth us. She is under 18 and is pregnant. How does it work when the person you are inviting is pregnant. What happens if she has the baby before her paperwork is approved? I assume her baby would be allowed to come with her. Would we indicate anything on her paperwork?

Thanks for any help.

Once your wife becomes USC, then she can petition for her daughter under Immediate Relative, and this process would take up to a year.

Now situation for her daughter: If her's daughter child born in United States, then child is USC by birth, but if child born outside of United States, then child's mother would have to petition as LPR for her child, and it will go under F2A category, where waiting line is around 4 yrs.

[Eric-Pris 1,602]

As I understand it, since my wife will be a US citizen, and she petitions for her minor daughter, the daughter becomes a USC as soon as she enters the US as an "immigrant". She wouldn't be a LPR, she would be a citizen. Am I not correct in my thinking?

Can the daughter petition for her baby even if she's still a minor?

[Eric-Pris 1,602]

To add: My wife's first husband, my stepdaughter's father, is deceased. He died when she was very young.

Edited March 2, 2013 by Eric-Pris

[NigeriaorBust 4,087]

Only if the daughter is the US before she is 18 does she qualify based on her parent. Otherwise the 5 year rule will apply. Is the daughter single ?

[Eric-Pris 1,602]

Single and a couple of years under 18. Thanks for the help

[NickD 202]

No way I know of, of working around that I-130, I-485, etc. that I know of, somebody has to petition for her. In our case, regarding my stepdaughter, I as the US citizen had to. The actual cutoff date for a child is under 21, I could not petition for my wife's son, he was over 21 and single, another requirement. Can petition either as a US citizen or a LPR, but each and every kid has to be petitioned for.

Gather in this case, either step of biological parent can petition.

Now, breaking my memory on this for that I-693, full physical exam, all I can recall was neither my wife nor her 14 year old daughter at the time was pregnant. If they were, not sure how that works out, this you have to look into. All I can say, is that, this was checked before the AOS stage proceeded.

Only kids with green cards under the age of 18 automatically become US citizens when their biological parent is naturalized, and of course, plenty of proof that your are the biological parent. And that automatically becoming a US citizen is without proof. More money, forms, and time to get that.

[Penguin_ie 5,986]

**** Moving from US Citizenship forum to Bringing Family of USC forum ****