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Filed: K-1 Visa Country: Mexico
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Posted

I am totally shocked about my grandson’s IR 2 case. My grandson is now 2 years old. The father is an American citizen and mother has a green card. The case was received by USCIS on May 15, 2022. Mom was breastfeeding at the time. She was worried about her time out of the United States so an attorney advised her to return to the United States for a few months so not to lose her status. She left the baby with the father in Mexico and came to live with me and her father  for 6 months, missing Christmas with her son. She got a job working at a Mexican restaurant while she was here and the father stayed in Mexico with the baby. I thought the average time was 10 5 months for the visa but I was shocked when I saw now is over 41months. I think because it was sent to the Texas processing center. This is absurd since the parents are both legal to live in the United States. I want to file for an expedited visa. I am sure it would be for humanitarian reasons but they are so strict on what they approve or not approve. Can anyone help with the wording Ivan use to get this baby to the United States?

Filed: K-1 Visa Country: Wales
Timeline
Posted

Presumably the child is not eligible to US Citizenship.

 

Makes me wonder if this would have been applicable

 

Under U.S. immigration regulations, children who meet the following criteria do not need to obtain a visa to immigrate to the United States.

The child born abroad after the issuance of an immigrant visa is accompanying parent within the validity of the parent’s immigrant visa, or
The child born during the permanent resident mother’s temporary visit abroad provided that;
Admission is within 2 years of birth; and
Either accompanying parent is applying for readmission upon first return after the birth of the 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.”

Filed: K-1 Visa Country: Wales
Timeline
Posted
1 hour ago, KikoandJudy said:

Thank you for your answer. What steps should I make to get this corrected?

CRBA?

 

Well the Father would file, follow the instructions on the Consulate web site.

“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.”

Posted (edited)
On 5/16/2023 at 9:38 PM, KikoandJudy said:

The father is an American citizen

 

Did the father not live in the US for at least 5 years?  If the father actually had enough years of living in the US, the child could actually be a US citizen as well, and not need an IR2 visa at all.

 

Was it the father who filed the I-130 petition for the child?

 

Edited by Chancy
question about I-130 petitioner
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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