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Posted

Seeking advice on what to do. Hoping someone can help...

I am petitioned together with my father (principal applicant), mother and younger sister under F3. We just received an email this month that we just need to wait for the interview schedule. 

I am single, currently on my 34th week of pregnancy has no plans of getting married to the father of my child and now what i am wondering about is what might happen on the interview. We are thinking that we might be scheduled for interview before or after i give birth. 
It will require me to go for medical tests either way. 

But my question is would it affect the approval of my visa? Will i be able to bring my child with me and get a visa for him as early as i could after he is born? What could be the questions that i might get from the interviewer? 

I really want to bring my child with me for a better future. He is the most important person for me now. May God bless us all.

Posted

Congrats on your pregnancy.

 

Being this far in along in your pregnancy, you are likely to get the interview after the birth. But if you do get the interview before, it should not affect your case.

 

There are other factors in play, though. Depending on your country you may have to either get permission from the child’s father or court order to immigrate the child.

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted (edited)
13 minutes ago, NuestraUnion said:

Congrats on your pregnancy.

 

Being this far in along in your pregnancy, you are likely to get the interview after the birth. But if you do get the interview before, it should not affect your case.

 

There are other factors in play, though. Depending on your country you may have to either get permission from the child’s father or court order to immigrate the child.

 

She’s a derivative already. Her child cannot get a visa as a derivative of a derivative. 

 

b. Offspring of Derivative Child: 
(1) A derivative beneficiary of an approved immigrant visa petition cannot bestow upon someone else the immigration status they, themselves, have derived from the principal beneficiary.

https://fam.state.gov/fam/09FAM/09FAM050202.html

 

She has been informed of this section on another forum. I don’t see a way for her & the child to immigrate together?

 

Edited by SusieQQQ
Filed: Citizen (apr) Country: Argentina
Timeline
Posted

hi

 

exactly, hopefully you get the interview before you have your child

 

if not you won't be able to immigrate the baby, there are no visas for great grand kids

 

so you have to have a backup plan, what are you going to do, will you immigrate and leave the baby behind?

 

even if it were for a few months?

 

 

Posted (edited)
1 minute ago, aleful said:

hi

 

exactly, hopefully you get the interview before you have your child

 

 

 

 

What am I missing- how will this get the baby a visa?

or do you mean she gets a visa & immediately flies over & gives birth in the US? At a late stage of pregnancy?!

Edited by SusieQQQ
Posted
1 minute ago, aleful said:

hi

 

If she is still pregnant she will immigrate and have the baby in the US

 

 

 

Ok that wasn’t clear. 

I wonder what the usual wait time is for interviews after the letter? When do airlines stop you flying ? 36 weeks?

Filed: Citizen (apr) Country: Argentina
Timeline
Posted (edited)

hi

 

you're most likely right, it all points to having the interview after the baby is born

 

that's why she should start planning what to do, if she will leave the baby with the father, or with family 

 

 

Edited by aleful
Posted

Yeah it might not be possible to fly to the us before i give birth. Thats why I am asking for advices and options to do that may possibly allow us to bring my child with me. In case i take the interview while still pregnant may I ask the interviewer if i could get a visa for the child as soon as i give birth? Is there any kind of visa that they would let  an infant have to be able to fly with me to the us and we can just continue the process while he is there with me? 

 

Thanks for all your reply. Still hoping for the best. 

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

hi

 

nope, as we stated, the baby doesn't qualify to get a visa, you will have to leave the baby behind, enter the country, file a petition which will take over 2 years

 

you may be able to get a reentry permit, that will allow you to be out of the country for 2 years

 

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

What is your country of origin?  You will be required to get parental consent from the father or a court order to move the child permanently to the States, as well, depending on the country.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Posted
37 minutes ago, raaguas said:

Yeah it might not be possible to fly to the us before i give birth. Thats why I am asking for advices and options to do that may possibly allow us to bring my child with me. In case i take the interview while still pregnant may I ask the interviewer if i could get a visa for the child as soon as i give birth? Is there any kind of visa that they would let  an infant have to be able to fly with me to the us and we can just continue the process while he is there with me? 

 

Thanks for all your reply. Still hoping for the best. 

@raaguas

 

As you can see from the info other members gave, your options are limited. Even if you get an interview before your child's birth, being this far along puts you in really close to the fly term (37 weeks). Many airlines would not even let you board the plane if you are too far along.

 

Like @aleful and @SusieQQQ mentioned, there isn't an option for immediate derivative for your child. Meaning a visa can't be passed along to your child after you are approved. The options are to stay in your country with your child until a later time when your parents can petition for you or leave the baby behind until you can petition for him/her later.

 

It is a tough situation to be in. Best of luck to you.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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