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IT's a hypothetical question, but I really want to find the answer.

A US citizen filed I-130 for her foreign sister some years ago (F4 category) and for the sister's minor daughter (niece of US citizen). By the time the visa number is current, sibling's daughter (niece) will be able to come also as she is not aged out.

Suppose, the daughter (niece) is NOT married but with a child of her own by then.

Question: What will happen to the baby? Can it be brought to US also?

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Posted (edited)
24 minutes ago, portorusa said:

IT's a hypothetical question, but I really want to find the answer.

A US citizen filed I-130 for her foreign sister some years ago (F4 category) and for the sister's minor daughter (niece of US citizen). By the time the visa number is current, sibling's daughter (niece) will be able to come also as she is not aged out.

Suppose, the daughter (niece) is NOT married but with a child of her own by then.

Question: What will happen to the baby? Can it be brought to US also?

Google CSPA calculator , put your assumptions of dates in that , it will give some idea by when sister should get visa to bring niece with her

 

If she doesn't get , nothing can be done. Sister need to file for her AFTER she gets citizenship 

Edited by pink_niru

F4 - India - PD - 23rd March 2003


- Received COA 14th May 2015


- Received Visa and reached to US in Feb 2016

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40 minutes ago, portorusa said:

IT's a hypothetical question, but I really want to find the answer.

A US citizen filed I-130 for her foreign sister some years ago (F4 category) and for the sister's minor daughter (niece of US citizen). By the time the visa number is current, sibling's daughter (niece) will be able to come also as she is not aged out.

Suppose, the daughter (niece) is NOT married but with a child of her own by then.

Question: What will happen to the baby? Can it be brought to US also?

I don’t believe a derivative can bring a derivative. The niece would have to file for her child after she got her green card, or else nieces stays behind and then mom can file for her as daughter of green card holder, which would take longer for her but enable her child to immigrate as a derivative with her,

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Correct, comes up every now and then, the nice can move to the US and would then file for child.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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11 minutes ago, SusieQQQ said:

Wrong, LPR can file for unmarried son/daughter even if over 21.

I agree,  LPR can file for child over 21 BUT child can not get married until LPR get citizenship else file will be cancelled.  


F4 - India - PD - 23rd March 2003


- Received COA 14th May 2015


- Received Visa and reached to US in Feb 2016

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Posted (edited)
32 minutes ago, pink_niru said:

I agree,  LPR can file for child over 21 BUT child can not get married until LPR get citizenship else file will be cancelled.  

No-one was talking about the daughter getting married... the question was about bringing the daughter's baby, not about a non-existent spouse.  An unmarried daughter with a child is eligible for a LPR to file for, with the daughter as principal and the child as derivative.

Edited by SusieQQQ

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