2 YO coming with mom on a IR1 visa. what is her status?

[Enigma11561 336]

My step son ( and everyone else) is anxiously waiting for approval on his I-130 for both his wife and 2yo daughter. It will be an IR1 visa for the wife. She would be given a 10 yr green card but I have no idea what happens to the daughter. How does she get resident status and  possible citizenship? . Further, the child was born when he was a LPR so citizenship was not automatically granted. He subsequently naturalized and upgraded the petition. Your advice is appreciated. Thanks.

[aleful 1,905]

hi

 

so sorry, but he has to file for his daughter again, there are no derivatives for spouses of a USC. he shouldn't have become a USC or have filed for them separately. the child was a derivative of his wife's petition when he was a GC holder. once he became a USC, the child was voided. there are no derivatives for immediate family members of a USC

 

now he has to file another i130 for her, she will be IR2, and go through the same process as his wife. the petition will take from a year to a year and a half. They have to start all over for the daughter. better file the i130 asap

 

 

Edited July 10, 2018 by aleful

[aleful 1,905]

once the child enters the country, she will derive citizenship,

 

he can get her a US passport or file the N600 certificate, which is optional

[milimelo 4,165]

What aleful said is correct. Needs to file a I-130 for child. 

[Enigma11561 336]

19 minutes ago, milimelo said:

What aleful said is correct. Needs to file a I-130 for child. 

A I-130 was filed for both.back last Sept.Received the NOA1 for both a few months ago.Now still waiting.

Edited July 10, 2018 by Enigma11561
spelling

[Enigma11561 336]

34 minutes ago, aleful said:

hi

 

so sorry, but he has to file for his daughter again, there are no derivatives for spouses of a USC. he shouldn't have become a USC or have filed for them separately. the child was a derivative of his wife's petition when he was a GC holder. once he became a USC, the child was voided. there are no derivatives for immediate family members of a USC

 

now he has to file another i130 for her, she will be IR2, and go through the same process as his wife. the petition will take from a year to a year and a half. They have to start all over for the daughter. better file the i130 asap

 

 

Seriously? Having heart failure here. She will not come without her daughter. And if they must wait another 1 and a half years, I don't think they will make it as a couple. gotta do an info pass ASAP and get this cleared up.

Edited July 10, 2018 by Enigma11561
spelling

[aleful 1,905]

no infopass needed

 

they should have done their research. the i130 will take 5 to 9 months for approval, his wife can slow down her process at the nvc stage and wait until her daughter's i130 is approved and sent to the nvc, and then processed the rest of the petition at the same time

 

 

[aleful 1,905]

 

so how many i130 were filed? one or 2?

 

 

Edited July 10, 2018 by aleful

[Enigma11561 336]

7 minutes ago, aleful said:

 

so how many i130 were filed? one or 2?

 

 

2. One for wife and one for baby. Both were filed when he was an LPR. Then they were both "upgraded" to reflect his naturalization a few months later.. The concept being as an USC, the process may be a bit shorter.

[aleful 1,905]

 

if there are 2 separate i130, then there is no problem

 

usually residents file one 130 for both, spouse and child and child comes as a derivative of parent's petition, this is only for LPR. not for USC

 

so if there are 2, one separate for the child alone, then there is no problem

 

then there are 2 separate petitions and both were upgraded

 

 

Edited July 11, 2018 by aleful

[Enigma11561 336]

14 minutes ago, aleful said:

 

if there are 2 separate i130, then there is no problem

 

usually residents file one 130 for both, spouse and child and child comes as a derivative of parent's petition, this is only for LPR. not for USC

 

so if there are 2, one separate for the child alone, then there is no problem

 

then there are 2 separate petitions and both were upgraded

 

 

Da Da Da. Can I put down the Xanax now? Seriously, I am the responsible one here as I put together the paperwork and I hoped I researched it all correctly. But you never know. Better to ask you mensas. Thank you.

 

Edited July 11, 2018 by Enigma11561

[pushbrk 12,087]

The child receives an IR2 visa, but then on entry to the US, is granted Citizenship.  He then applies for a US passport for the child.

[geowrian 22,335]

Also of note is that the child will need an I-864W instead of an I-864, since they will become a USC upon entry on the immigrant visa.