Wife and childrens

[SHELLYVALLE 0]

hello,good afternon, I got marriage april 20 of 2012 my Husband start the process last year we are waitig for the interview date, i have a daugther she has 17 years old and she is ´pregnacy and i dont know now what to do, cuz she still depends of my, she still can get the visa and what happen with the baby will born soo

[Hypnos 6,579]

Your daughter's child cannot be petitioned by either you or your husband.

[Darnell 8,479]

daughter had I-130 filed on her, having separate casefile #, or no?

you say you are waiting on interview date - is means all processing completed, all fees paid, at National Visa Center, or no ?

[canadian_wife 1,831]

Has an immigrant petition been filed for your daughter?

good luck

[Boiler 47,683]

If she will be in the US by the time she gives birth, then apart from the medical cost, not a problem.

[Ryan H 3,922]

Duplicate threads merged and a third without replies removed.

[SHELLYVALLE 0]

when the girl born my Husband and I can register the baby legally to take her with us soon or not

[Darnell 8,479]

if birth occurs not in the usa, I not understand how the newborn will come into the usa.

[canadian_wife 1,831]

when the girl born my Husband and I can register the baby legally to take her with us soon or not

Did your husband file a petition for your daughter? When is the baby due?

Please answer these questions, it will help us give you answers

good luck

[Ian H. 207]

To the OP: I hope the following is clear and if you still don't understand, please ask.

Whether the husband filed a separate petition for his stepdaughter may not help, since immediate relatives cannot bring derivatives. However, depending on when the baby is be born the situation can vary because there are a couple of work arounds.

If your K3 interview happens while your daughter is pregnant, her pregnancy won't affect her visa from being issued since she would be able to come to the US and give birth here, assuming she isn't 7 or more months into the pregnancy by then as she may be refused travel by the airline.

If her K4 visa won't be issued by the time she can still travel while pregnant you have a couple of other options. If your husband filed a separate petition for her, which I doubt, since she was most likely included in yours, then she would be coming as an IR2.

If she is coming as an IR2 and if timed right and the child is born after her visa is issued, the child would be able to immigrate with your daughter. If the child is born before the visa is issued, the child would not be able to come with your daughter since children or stepchildren of USC's cannot bring their own children.

This process would only work if your husband already filed an I-130 for your daughter and your daughter is issued an IR2 visa before the child is born. Based on how long the process can take, the visa may not be issued before her possible due date.

The last option would be, if possible, that your daughter can wait for you to become an LPR, and then you can petition her directly. That way as the child of an LPR (F2A) she would be able to bring her child.

Hopefully, you can provide us with more info and dates to determine which would be the best route for your daughter to take so that she can come here with her child.

[SHELLYVALLE 0]

Hi good afternoon, I have had a number of connectivity issues so had not been able to respond, I am very grateful for the comments and help you can give me on this site,

the situation is like this, my husband made ​​a request for both and the NVC they answered on September 3 that all payments and documents of my daughter and mine they have been received and reviewed and that from that date in 60 days or less we will receive news and I imagine it must be time for the interview, and my daughter had the baby, she was born on September 05, we are happy with his arrival but a little saddened and worry by the insertidumbre it happened with the new born and my daughter and I not want to separate from her,

To the OP: I hope the following is clear and if you still don't understand, please ask.

Whether the husband filed a separate petition for his stepdaughter may not help, since immediate relatives cannot bring derivatives. However, depending on when the baby is be born the situation can vary because there are a couple of work arounds.

If your K3 interview happens while your daughter is pregnant, her pregnancy won't affect her visa from being issued since she would be able to come to the US and give birth here, assuming she isn't 7 or more months into the pregnancy by then as she may be refused travel by the airline.

If her K4 visa won't be issued by the time she can still travel while pregnant you have a couple of other options. If your husband filed a separate petition for her, which I doubt, since she was most likely included in yours, then she would be coming as an IR2.

If she is coming as an IR2 and if timed right and the child is born after her visa is issued, the child would be able to immigrate with your daughter. If the child is born before the visa is issued, the child would not be able to come with your daughter since children or stepchildren of USC's cannot bring their own children.

This process would only work if your husband already filed an I-130 for your daughter and your daughter is issued an IR2 visa before the child is born. Based on how long the process can take, the visa may not be issued before her possible due date.

The last option would be, if possible, that your daughter can wait for you to become an LPR, and then you can petition her directly. That way as the child of an LPR (F2A) she would be able to bring her child.

Hopefully, you can provide us with more info and dates to determine which would be the best route for your daughter to take so that she can come here with her child.

[NikLR 13,234]

Since your grandchild was born before your daughter received the visa and immigrated to the USA, her child cannot come to the USA. Which likely means your daughter also cannot come to the USA at this time.

If you would like to stay with your daughter for the time being you can do that. The approved I-130 will not expire and you can keep it active at the NVC for at least another year. Or you can get an interview date decently far in the future and will have 6 months from your medical date to use the visa if approved.

[Ian H. 207]

Congratulations on the baby! Right now in order to get a visa for the baby she has to be petitioned. In order to do that your daughter has to enter the US and become an LPR. I'm not sure, is she getting the K4? If so the AOS process can take a while.

Fortunately, K4's are able to travel without having to apply for AP, but I think that's only while the visa is valid. I'm not sure how long the validity is for, but she would be able to get AP with the pending AOS.

Also she has to have an I-130 by the USC filed in order to eventually adjust status.

If she is able to leave the baby with a relative that can care for her, she can enter the US and as soon as she adjusts, she can petition for the baby as F2A. This would take 2 to 3 years for the baby to receive a visa.

Otherwise, the only other recourse is to wait until you become an LPR, and petition for her so that she and her daughter can both come. However, her becoming an LPR first, would be better, because she can rest assured she will become an LPR before turning 21. Good luck.

[NikLR 13,234]

She is not a k4, she's a CR2/IR2 (document intake at NVC.)

Considering she JUST had this baby, I have zero doubts she'll leave it in someone else's hands. If that was the case, adoption would have been already discussed.

It's possible she could enter the USA, acquire a re-entry permit and continue to live in Columbia for up to 2 years. She may be able to petition the baby this way, I'm unsure.

[Ian H. 207]

If she's entering as a CR2, then that cuts the AOS step and she would be able to petition for the baby as soon as she enters the US. There is no minimum age in order to file a petition, only to sponsor.

Fortunately, she is able to petition for the child even if she's under 18. By the time the PD is current and goes to the NVC, she would be 18 already and able to sign the affidavit of support.

I do not know what the OP and her daughter's plans or intentions are. That's why I suggested the possible routes.

Getting the re-entry permit, while possible, I didn't consider it because you still have to maintain ties to the US. Since she is young, I doubt she will file taxes, maintain a residence, bank account, etc, in order to prove her ties to the US. Unless there is another way to maintain ties, I wouldn't know.

Lastly, if leaving her baby isn't an option or a possibility, as I mentioned before, she can just wait for her mom to become an LPR, and she can petition for both of them. Again, it's up to them to decide what path to take given the options.