Derivative for IR-2?

[csh2020 10]

My wife and I have three petitions for my stepchildren (ages 5, 18 and 20), all are documentarily qualified at NVC since May 2020. We are waiting for an interview - interrupted by the closures. During the wait, my stepdaughter (now 18; unmarried) got pregnant - due date: Feb. 2021. The father is in the picture and willing to help (fees, sending money for support, signing documents, etc). He has a solid income in their home country (not a US resident). They do not plan to marry anytime soon.

 

Based on what we read: 

https://do.usembassy.gov/ask-the-consul-adding-derivatives-or-ftjs/

 

It looks like we can add the child as a derivative in my stepdaughter’s case in CEAC after the birth. Are we reading this correctly? Does that apply to IR-2 petitions? Are there additional fees? Could it negatively affect the cases of the other two stepchildren? How will they consider our income? We know she might have to immigrate and leave the child with the father and file her own petition for the child. 

[Boiler 45,651]

I assume this is not a preference category and would not apply.

[JFH 12,190]

You have misunderstood that. There are no derivatives available for immediate relatives petitions. 
 

Your options are:

 

- she doesn’t immigrate but stays in her home country and builds a family with her child and the child’s father

- she immigrates but leaves the child behind and upon arrival starts the process to bring “minor child of permanent resident” (F2A) to the US

- she stays behind and her mother immigrates and starts the process to bring her as an unmarried child of an LPR (she must remain unmarried throughout the process) for which a derivative is possible. 

Edited December 18, 2020 by JFH

[JFH 12,190]

Also, depending on the rules in the DR, there may be more to do than just getting the father to agree to the child being permanently removed  from the country. The courts may need to be involved. It varies from country to country so you need to look into the local laws and requirements. 

Edited December 18, 2020 by JFH

[SusieQQQ 11,586]

1 hour ago, JFH said:

You have misunderstood that. There are no derivatives available for immediate relatives petitions. 
 

Your options are:

 

- she doesn’t immigrate but stays in her home country and builds a family with her child and the child’s father

- she immigrates but leaves the child behind and upon arrival starts the process to bring “minor child of permanent resident” (F2A) to the US

- she stays behind and her mother immigrates and starts the process to bring her as an unmarried child of an LPR (she must remain unmarried throughout the process) for which a derivative is possible. 

The third option makes the most sense for stepdaughter & her child to come together.

[JFH 12,190]

28 minutes ago, SusieQQQ said:

The third option makes the most sense for stepdaughter & her child to come together.

Indeed. All three are available to them but the last one is the lesser of the evils if the idea is for her to come here. Who knows? She may prefer to remain with the father of the child and no longer wish to follow her mother here. 

[csh2020 10]

22 minutes ago, JFH said:

Indeed. All three are available to them but the last one is the lesser of the evils if the idea is for her to come here. Who knows? She may prefer to remain with the father of the child and no longer wish to follow her mother here. 

Thank you all for your advice. Indeed, the third option sounds most reasonable. In that way, she wouldn't have to leave the child and they could travel at the same time. Ultimately. we are going to allow my stepdaughter decide since it is her child and she is 18.

 

We are thinking that are interview could be scheduled at any given moment. So, what happens if the interview comes before the birth? (Unlikely but possible).

 

Second, if she decides the third option is best, then what do we do at the time of the interview (coming up soon)? 

 

If she does leave the child behind and files her own petition upon arrival, what are the risks of her visiting the child during the wait time of her petition? 

 

After getting here with visa in hand, would she then be free to marry the father? (Nothing they mentioned just my question).

Edited December 19, 2020 by csh2020

[SusieQQQ 11,586]

8 minutes ago, csh2020 said:

Thank you all for your advice. Indeed, the third option sounds most reasonable. In that way, she wouldn't have to leave the child and they could travel at the same time. Ultimately. we are going to allow my stepdaughter decide since it is her child and she is 18.

 

We are thinking that are interview could be scheduled at any given moment. So, what happens if the interview comes before the birth? (Unlikely but possible).

 

Second, if she decides the third option is best, then what do we do at the time of the interview (coming up soon)? 

 

If she does leave the child behind and files her own petition upon arrival, what are the risks of her visiting the child during the wait time of her petition? 

 

After getting here with visa in hand, would she then be free to marry the father? 

She would need to actually enter the US (not just attend the interview) before the birth for the baby to have any benefit from her IR2 (of course the baby would be born a USC then). She wouldn’t attend the interview if she didn’t want an immigrant visa yet. You would inform NVC/the embassy that her case is being withdrawn ( your wife would separately file an i130 for her with child as derivative. She can file this before the baby is born and add the baby after birth.)

 

If she’d leave the child with the father: Yes, once she has a green card she can marry the father and sponsor him. From what you’ve said if this is the plan it would make sense to sponsor the father and have the child as a derivative on the father’s petition, both to save a filing fee and to ensure they would come together. Of course she can visit them, she just has to be sure not to stay for too long (or else get a re-entry permit) to protect her own green card. I’m assuming you would be co sponsor financially anyway given her age and likely limited earnings potential in the next couple of years.

 

 

Edited December 19, 2020 by SusieQQQ

[Orangesapples 1,954]

16 hours ago, JFH said:

You have misunderstood that. There are no derivatives available for immediate relatives petitions. 
 

Your options are:

 

- she doesn’t immigrate but stays in her home country and builds a family with her child and the child’s father

- she immigrates but leaves the child behind and upon arrival starts the process to bring “minor child of permanent resident” (F2A) to the US

- she stays behind and her mother immigrates and starts the process to bring her as an unmarried child of an LPR (she must remain unmarried throughout the process) for which a derivative is possible. 

I see two other options - the daughter gets her visa before she gives birth and travels while she's still pregnant and gives birth in the US. Or she travels after the baby is born, activates her visa, gets a reentry permit, files for her baby and returns home to wait for the baby's petition to be completed. If she marries the father, she could file for him, too. 

 

Personally, I think it's best for the mother, father and child to be in the same country and coparent together. But I don't know how involved the father wants to be, if he's going to be an absent dad either way, it doesn't matter. 

[JFH 12,190]

18 minutes ago, Orangesapples said:

I see two other options - the daughter gets her visa before she gives birth and travels while she's still pregnant and gives birth in the US. Or she travels after the baby is born, activates her visa, gets a reentry permit, files for her baby and returns home to wait for the baby's petition to be completed. If she marries the father, she could file for him, too. 

 

Personally, I think it's best for the mother, father and child to be in the same country and coparent together. But I don't know how involved the father wants to be, if he's going to be an absent dad either way, it doesn't matter. 

I was thinking there wouldn’t be time for her to get the visa and travel before the baby is born. She’s due in February so she’s already well into the third trimester. Depending on the airline, she is close to the cut-off time for travel already. I don’t think the interview has even been scheduled yet? 

[Boiler 45,651]

Yep DQ'd and nothing more.