Pregnant StepDaughter

[DriMacias 1]

I filed a I-130 for my 17 year old stepdaughter who resides in MX. She has just informed us she’s pregnant, will there be issues due to her pregnancy? We do believe the baby will be here before she’s given an interview as we’ve just filed about a month ago. 

[powerpuff 6,724]

Are you asking if the baby can immigrate with her? 
 

The answer to that would be no, there are no derivatives allowed in this case.
 

 

[Mike E 11,740]

So @DriMacias you will have to orchestrate things.  
 

1. grand child is born 

2. Daughter enters USA on immigration visa, requiring someone to take care of the grand child for several weeks. That somebody cannot be you. You must be inside the USA on the day your daughter enters the USA on her immigration visa.  Or travel with your daughter. 
3. daughter files I-131 to get a re-entry permit. 
4. daughter files I130 for grand child
4. daughter waits for I-131 receipt 

5. daughter returns to MX with receipt. 
6. If there is a biometrics appointment for I-131, daughter returns to USA.  This time you can be the one to take care of the grand child in MX while your daughter attends biometrics 

7. you will likely be the joint sponsor for your grandchild. Thus again, when your grand child is issued an immigration visa, you must be in the USA on the day your grand child enters the USA on an immigration visa. Or travel with your grand child. 

[Boiler 45,654]

Is the Mother a LPR?

[Family 4,025]

You can try requesting an expedite at all 3 stages ( USCIS, NVC then Consulate) citing her pregnancy as health concern and restrictions on air travel for expectant mothers)..

You may just manage to pull it off and get her here before baby is born 

[DriMacias 1]

26 minutes ago, Boiler said:

Is the Mother a LPR?

She is not. I petitioned her and I’m a born US Citizen. 

[DriMacias 1]

My husband and I are considering withdrawing the petition I submitted for her. If I later wanted to submit another petition before she turns 21, what options do I have for her and the baby? Could I petition for both? or will I still need to petition for her first and then baby?

[powerpuff 6,724]

There are no petitions for grand children of US citizens. As mentioned before, your daughter will have to petition for her child once she (your daughter) becomes an LPR. 
 

If you remained an LPR, you could have petitioned for both as derivatives are allowed in that case (your grand child would be a derivative on your daughter’s application).

[DriMacias 1]

4 minutes ago, powerpuff said:

There are no petitions for grand children of US citizens. As mentioned before, your daughter will have to petition for her child once she (your daughter) becomes an LPR. 
 

If you remained an LPR, you could have petitioned for both as derivatives are allowed in that case (your grand child would be a derivative on your daughter’s application).

My husband is here on a conditional green card. Could he petition for both of them? Wouldn't they have a long wait period if he did since he's not a US citizen versus me petitioning for them? I was born in the US.

[Mike E 11,740]

2 minutes ago, DriMacias said:

My husband is here on a conditional green card. Could he petition for both of them?

yes 

2 minutes ago, DriMacias said:

 

Wouldn't they have a long wait period if he did since he's not a US citizen versus me petitioning for them? I was born in the US.

There is no way for you to petition your grand child.  So the choice is between slow and never. 

[powerpuff 6,724]

15 minutes ago, DriMacias said:

My husband is here on a conditional green card. Could he petition for both of them? Wouldn't they have a long wait period if he did since he's not a US citizen versus me petitioning for them? I was born in the US.

He can petition for both, he will file one petition and at a later stage a derivative is added. F2A category is current on the visa bulletin so that’s good news for you — she must remain unmarried.

 

You as a US citizen can only petition for your step daughter. The grandchild cannot immigrate with your step daughter. So if you go that route, it will take few years more on top of what it will take to petition for your step child for your grandchild to immigrate since your step daughter has to petition for her child (again: because you as a USC cannot petition for grandchildren). 
 

 If your husband petitioned, wouldn’t that make matters much easier if mother and child can immigrate at the same time together?

Edited October 12, 2022 by powerpuff

[SusieQQQ 11,586]

Agree lpr spouse petitioning for stepdaughter seems the way to go to get both of them in at same time 

[DriMacias 1]

1 hour ago, powerpuff said:

He can petition for both, he will file one petition and at a later stage a derivative is added. F2A category is current on the visa bulletin so that’s good news for you — she must remain unmarried.

 

You as a US citizen can only petition for your step daughter. The grandchild cannot immigrate with your step daughter. So if you go that route, it will take few years more on top of what it will take to petition for your step child for your grandchild to immigrate since your step daughter has to petition for her child (again: because you as a USC cannot petition for grandchildren). 
 

 If your husband petitioned, wouldn’t that make matters much easier if mother and child can immigrate at the same time together?

Absolutely!

How much longer is the waiting period? LPRs have a longer wait time on getting a visa number, correct? 

[SusieQQQ 11,586]

21 minutes ago, DriMacias said:

Absolutely!

How much longer is the waiting period? LPRs have a longer wait time on getting a visa number, correct? 

Because F2A is current, as someone already noted, it is just the processing time at uscis to wait on before a visa number is available. I’ve seen some reports of 6-9 months for F2A recently which is not too bad. Your bigger issue is likely to be the wait for an interview, assuming there is still such a big backlog at CDJ. But once the petition is approved, CSPA locks her age so all she needs to do from  that stage is stay unmarried, and wait. 

Edited October 12, 2022 by SusieQQQ

[powerpuff 6,724]

21 minutes ago, DriMacias said:

Absolutely!

How much longer is the waiting period? LPRs have a longer wait time on getting a visa number, correct? 

F2A is current.

 

 Your biggest issue in terms of waiting is that Mexico is extremely backlogged. You’d have to research the forums to see what’s the processing time. My guess would be 2-3 years but again this is just a guess