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gstrength

pregnant daughter

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Filed: IR-1/CR-1 Visa Country: Colombia
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My business Partner (form Argentina) wants to bring his minor, unmarried (but pregnant) daughter to live with him. She is 19 yo. She is an Argentinean citizen and lives in Argentina.

Could anyone tell me:

 

  1. How long is the form I-130  taking to process
  2. After the I-130 is approved, how long does it take for the Visa Unit in Argentina to process the immigrant visa?
  3. if, in the meantime she gives birth, how would that should be handled? would the baby need a form I-130 for himself? or would he get a visa with mom with no new I-130

 

Thank you for your help

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Filed: K-1 Visa Country: Wales
Timeline

Assuming you business partner is a US Citizen the process takes about 15 months, her age is fixed so would still fall into the under 21 category.

 

He can not sponsor a grandchild so the Mother would need to do that when she gets here.

 

Begs the question about the Father, presumably she is not married but is the Father OK with this?

“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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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

thank s for your prompt response.

So, by the time the process is completed the baby will be born. will she have to get a visa for the baby in order to travel?  

what will be the baby's status once she becomes a LPR?

the baby's father is out of the picture

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Filed: K-1 Visa Country: Wales
Timeline

Once she is a LPR then she can sponsor the baby the same way pretty much as you can sponsor her.

“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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Filed: K-1 Visa Country: Wales
Timeline
5 minutes ago, gstrength said:

will she have to get a visa for the baby in order to travel?

Of course, the same way she needs one.

“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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5 minutes ago, gstrength said:

will she have to get a visa for the baby in order to travel?

Yes.  The baby will need to be petitioned separately.

Is the petitioner a USC?

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Filed: Citizen (apr) Country: Brazil
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The daughter and her baby cannot immigrate together.  The daughter will have to come first and become an LPR.  Then she can petition for her baby.  If a one or more year period of separation is acceptable, mother living in the US, baby in Argentina, then proceed.  If not, this plan may not work.

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Alternatively, much longer but they won’t be separated, they can wait till she is over 21 then file an F1 petition. This will allow the baby to come with her as a derivative of the mother. The downside is that it is usually a 5-7 year process after filing.

If she gets a green card before she is 21 (no derivative allowed) and has to sponsor the baby separately, she could be apart from the baby for around 2 years waiting for the baby’s immigrant visa process.

Edited by SusieQQQ
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