I129F with pregnant step daughter

[kmk813 11]

Ok need some help. I filed for the I129f for my fiance back in 2013 but he was denied because of being banned for 10 years. I am filing again because the 10 years is almost up. But we didnt file for his  2 daughters to come on the first time. But now i am filing for the 2 daughters aged 19 and 14. The 19 year old is pregnant. Is the baby qualified also. She is about to have the baby in december and i will file right after. Am I allowed to file for her since she is pregnant. Or is her baby disqualified from having papers. I have been their step mother since they were young. 

[payxibka 10,044]

6 minutes ago, kmk813 said:

Ok need some help. I filed for the I129f for my fiance back in 2013 but he was denied because of being banned for 10 years. I am filing again because the 10 years is almost up. But we didnt file for his  2 daughters to come on the first time. But now i am filing for the 2 daughters aged 19 and 14. The 19 year old is pregnant. Is the baby qualified also. She is about to have the baby in december and i will file right after. Am I allowed to file for her since she is pregnant. Or is her baby disqualified from having papers. I have been their step mother since they were young. 

It covers stepchildren but not grandchildren 

[p-ana 933]

The i129f will only include your fiancé and their children. Not children of children. 

[kmk813 11]

2 minutes ago, p-ana said:

The i129f will only include your fiancé and their children. Not children of children. 

Thank you for the answer. That is what i thought. 

[Boiler 43,433]

Presumably there is a father involved as well.

[dwheels76 5,461]

On 9/30/2019 at 1:15 PM, kmk813 said:

Thank you for the answer. That is what i thought. 

So you still aren't married? If not married you can not petition the 19 year old. You would have had to marry before she turned 18. Only the 14 you can petition. He can petition the 19 year old once he gets his green card.

[aaron2020 11,651]

31 minutes ago, dwheels76 said:

So you still aren't married? If not married you can not petition the 19 year old. You would have had to marry before she turned 18. Only the 14 you can petition. He can petition the 19 year old once he gets his green card.

Wrong.

 

The 19 years old is eligible for a K-2 just like the 14 years old.  

[dwheels76 5,461]

3 minutes ago, aaron2020 said:

Wrong.

 

The 19 years old is eligible for a K-2 just like the 14 years old.  

How when they have to have married before the child is 18? They aren't married. Or is that a I-130 that pertains to?

 

To the OP your Post this summer:

"We were denied 5 years ago for a K1 visa because he was here illegal for more than a year. We ended up going separate ways. Our application went back for review in February 2018 and it is just sitting in review. Can I still file for the I601 waiver for ground of inadmissibility or do we need to file for a k1 visa. Every time I check the status of our first k1 visa it just says still in review. I have never stopped loving him. No it is not fraud. I have not seen him in 5 years but it would not be hard for me to go see him because I fly free. we have always stayed in contact for our son."

 

I strongly advise you marry and not do another K1. I saw your post from last month and you say you have not seen each other in 5 years. You have much bigger hill to climb and you have a child together. Why not marry? Since you have to file a I601 waiver  it works more in your favor then being engaged for decades.

[aaron2020 11,651]

7 minutes ago, dwheels76 said:

How when they have to have married before the child is 18? They aren't married. Or is that a I-130 that pertains to?

 

To the OP your Post this summer:

"We were denied 5 years ago for a K1 visa because he was here illegal for more than a year. We ended up going separate ways. Our application went back for review in February 2018 and it is just sitting in review. Can I still file for the I601 waiver for ground of inadmissibility or do we need to file for a k1 visa. Every time I check the status of our first k1 visa it just says still in review. I have never stopped loving him. No it is not fraud. I have not seen him in 5 years but it would not be hard for me to go see him because I fly free. we have always stayed in contact for our son."

 

 

I strongly advise you marry and not do another K1. I saw your post from last month and you say you have not seen each other in 5 years. You have much bigger hill to climb and you have a child together. Why not marry? Since you have to file a I601 waiver  it works more in your favor then being engaged for decades.

Google who is eligible for a K2.  Unmarried children under age 21 qualifies for K-2 visas.

 

You are mixing up the K-1/K-2 process with the CR-2/IR-2 process.  

[aaron2020 11,651]

20 minutes ago, dwheels76 said:

How when they have to have married before the child is 18? They aren't married. Or is that a I-130 that pertains to?

 

To the OP your Post this summer:

"We were denied 5 years ago for a K1 visa because he was here illegal for more than a year. We ended up going separate ways. Our application went back for review in February 2018 and it is just sitting in review. Can I still file for the I601 waiver for ground of inadmissibility or do we need to file for a k1 visa. Every time I check the status of our first k1 visa it just says still in review. I have never stopped loving him. No it is not fraud. I have not seen him in 5 years but it would not be hard for me to go see him because I fly free. we have always stayed in contact for our son."

 

 

I strongly advise you marry and not do another K1. I saw your post from last month and you say you have not seen each other in 5 years. You have much bigger hill to climb and you have a child together. Why not marry? Since you have to file a I601 waiver  it works more in your favor then being engaged for decades.

Google who is eligible for a K2.  Unmarried children under age 21 qualifies for K-2 visas.

 

You are mixing up the K-1/K-2 process with the CR-2/IR-2 process.  

 

Your strong advice to marry would mean a 9+ years wait for child and grandchild to come.  First, dad would need to get a K-1 and adjust status.  Give that 2 years, so the child is now 21 years old.  He files in the F2b category for his now 21 years old child and that's another 7 years.  So 9 years or more.

When dad gets his K-1, the 19 years old can get a K-2.  Once the 19 years old gets her green card, she can file for child in the F2a category.  She can use AP to be with her child while she is adjusting status.  She can get an Re-Entry Permit while waiting for her child's F2a case to process.  Everything is done much faster.  The hardest part is the wait for AP which will required the 19 years old to be separated from her child during those 3-6 months.  

Edited October 19, 2019 by aaron2020

[geowrian 22,335]

1 hour ago, dwheels76 said:

So you still aren't married? If not married you can not petition the 19 year old. You would have had to marry before she turned 18. Only the 14 you can petition. He can petition the 19 year old once he gets his green card.

This is one of the few circumstances where a K-1 makes more sense precisely because of a child aged 18-20. A K-2 qualifies as an eligible child up to the day they turn 21.

Edited October 19, 2019 by geowrian

[dwheels76 5,461]

21 minutes ago, aaron2020 said:

Google who is eligible for a K2.  Unmarried children under age 21 qualifies for K-2 visas.

 

You are mixing up the K-1/K-2 process with the CR-2/IR-2 process.  

 

Your strong advice to marry would mean a 9+ years wait for child and grandchild to come.  First, dad would need to get a K-1 and adjust status.  Give that 2 years, so the child is now 21 years old.  He files in the F2b category for his now 21 years old child and that's another 7 years.  So 9 years or more.

When dad gets his K-1, the 19 years old can get a K-2.  Once the 19 years old gets her green card, she can file for child in the F2a category.  She can use AP to be with her child while she is adjusting status.  She can get an Re-Entry Permit while waiting for her child's F2a case to process.  Everything is done much faster.  The hardest part is the wait for AP which will required the 19 years old to be separated from her child during those 3-6 months.  

WOW. Thank you so much for the correction. Yes I was mixing it up and didn't realize. (Man my face is red). Sorry for misstepping. Sorry OP.
Go see your man so you meet that 2 year requirement and then get to filing.

[dwheels76 5,461]

22 minutes ago, geowrian said:

This is one of the few circumstances where a K-1 makes more sense precisely because of a child aged 18-20. A K-2 qualifies as an eligible child up to the day they turn 21.

But she can't bring her child dang. That will be the big decision what to do. Cuz the clock is ticking.

[Boiler 43,433]

Assumes the new mother would e prepared to leave the new baby behind.

 

Not going anywhere until AP is obtained and then we are guessing the sponsorship time for the baby. and then the father...

[geowrian 22,335]

1 minute ago, dwheels76 said:

But she can't bring her child dang. That will be the big decision what to do. Cuz the clock is ticking.

Yup...that is a considerable drawback.