Baby born after-130 gets approved

[Shoshona 0]

After my petition was approved I was email that there is a visa available for me and that I need to start on my process . My petitioner is my father who is currently a US permanent resident. I am an unmerried child but I recently had a baby with my partner and would like to add my child to my case. Me and her mother are not married. How do I add her to my case and what are required documentations? Do I need any other proofs beside having my name on her birth certificate listed as a father to add her? 

[Boiler 43,391]

Sounds like you are male and you would take the baby away from the mother?

Edited November 13, 2018 by Boiler

[Weebee 57]

I second that question.. You can add the baby to your petition, sure.. But the baby needs to enter within 6 months of her medical, just like you. So you would take the baby with you and leave the mother behind?

[Shoshona 0]

2 hours ago, Weebee said:

I second that question.. You can add the baby to your petition, sure.. But the baby needs to enter within 6 months of her medical, just like you. So you would take the baby with you and leave the mother behind?

The mother will be traveling to US too only with a different visa. So as long as me and the baby leave the country within 6 months of getting the visa we are good? 

[SusieQQQ 11,584]

29 minutes ago, Shoshona said:

The mother will be traveling to US too only with a different visa. So as long as me and the baby leave the country within 6 months of getting the visa we are good? 

She would still need to give you permission acceptable to the US consulate to take the baby.

does the mother have the “different visa” yet? What visa is it?

[sherydenise 66]

If the "other visa" is a tourist visa or similar, then its possible she would be denied entry to the US, seeing as her partner and baby have immigrant visas but she doesn't.. Or does she?

[Shoshona 0]

7 minutes ago, sherydenise said:

If the "other visa" is a tourist visa or similar, then its possible she would be denied entry to the US, seeing as her partner and baby have immigrant visas but she doesn't.. Or does she?

She Is planning on continuing her education (has a BA from American university) and going in with an F-1 visa. From my understanding I can not marry her yet because it will change my case preference and I will have to wait longer. 

[Shoshona 0]

10 hours ago, SusieQQQ said:

She would still need to give you permission acceptable to the US consulate to take the baby.

does the mother have the “different visa” yet? What visa is it?

Is there any form she needs to fill up to give her permission or do we need to go through a court and have the mother give baby's custody to me (a father) ?

[SusieQQQ 11,584]

2 hours ago, Shoshona said:

She Is planning on continuing her education (has a BA from American university) and going in with an F-1 visa. From my understanding I can not marry her yet because it will change my case preference and I will have to wait longer. 

I had a feeling you were going to say something like this. If you’re planning on marrying her in the US you need to think through things very carefully. 

- she can’t misrepresent anything when applying for her F1 or when entering the US

- it will take more than 2 years for her to get a green card after you marry her. Maybe significantly more 

- they will obviously look at her history - having the baby, applying student visa, when you got green card, when you married her, when you filed for her green card at her eventual green card interview and will see if she misrepresented anything. Could be a problem then. 

- this is even assuming she gets an F1. What will you do if she’s denied for immigrant intent ? 

Edited November 14, 2018 by SusieQQQ

[Boiler 43,391]

F2 is an option and maybe sort the F out first.

[Shoshona 0]

15 hours ago, Boiler said:

F2 is an option and maybe sort the F out first.

F-2 is a dependent to F-1. How's that an option? 

[SusieQQQ 11,584]

9 hours ago, Shoshona said:

F-2 is a dependent to F-1. How's that an option? 

There is also F2 that is relative of permanent resident, in your case F2A is the relevant subcategory, for spouse of LPR.

[aaron2020 11,651]

On 11/13/2018 at 8:57 AM, Shoshona said:

After my petition was approved I was email that there is a visa available for me and that I need to start on my process . My petitioner is my father who is currently a US permanent resident. I am an unmerried child but I recently had a baby with my partner and would like to add my child to my case. Me and her mother are not married. How do I add her to my case and what are required documentations? Do I need any other proofs beside having my name on her birth certificate listed as a father to add her? 

You will need the birth certificate and the mother's written permission for the child to immigrate to the US with you.  You should not have any problem with your child immigrating with you.

 

Here is your problem, the US Embassy is not stupid.  They will see the F-1 student visa as a means for your partner to immigrate to the US illegally to live with you and her daughter.  After she enters the US on her F1 visa, the two of you will marry and she will apply for AOS.  This clear immigrant intent would be a reason to deny her F1 visa or deny her entry into the US.

Edited November 16, 2018 by aaron2020

[SusieQQQ 11,584]

3 hours ago, aaron2020 said:

You will need the birth certificate and the mother's written permission for the child to immigrate to the US with you.  You should not have any problem with your child immigrating with you.

 

Here is your problem, the US Embassy is not stupid.  They will see the F-1 student visa as a means for your partner to immigrate to the US illegally to live with you and her daughter.  After she enters the US on her F1 visa, the two of you will marry and she will apply for AOS.  This clear immigrant intent would be a reason to deny her F1 visa or deny her entry into the US.

And yes, they check these things. Back in the day, when computers weren’t as good as now even, I was called into the local consulate in regards to B visas I’d applied for for my kids (under 14, parent with existing visa, no interview required). The system picked up that I (parent) had had an i130 filed for me - kids were not named on that petition at that stage - so they just wanted a quick interview with me to ensure we weren’t going to “visit” and not return. Our family ties home at that stage were easy to demonstrate. The F1 application will be exactly the opposite. 

Edited November 16, 2018 by SusieQQQ

[NikLR 13,220]

I think the better option for you would be to immigrate, then marry, then apply for both mother and child so they can immigrate together.