F2B visa for daughter over 21 years old that has child

[trucphong 24]

Hello All,

 

I am asking these questions for my childhood’s friend. Her mother came to US under IR5 category (i.e.  her oldest daughter that filed petition).  Her mom now has greencard and want to petition her  daughter in Vietnam that is above 21 years old for F2B category. Her daughter is still single at this point. It should be straightforward F2B case, however her daughter had been dating a guy and they now have a child together.

 

1. Her mom told her to not getting married as she can only petition non married son/daughter above 21 years old because her mom is permanent resident not US. Citizen. Will this complicate situation later where her daughter wanted to marry the guy and petition him to US under marriage category?

2. Can her mom petition her and child or child has to stay with her father? Note the birth certificate has father’s name. Is there some sort of paper that she needs to get father’s signature so that child can go with her? 

 

Thanks.

 

 

[Boiler 45,692]

How old is the child, for the child to be an issue the child would need to be a minor when the PD becomes current,

 

The father may need to agree to the child moving but see above.

 

Once the daughter moves to the US and obtains PR status then she can marry and sponsor husband.

 

Obviously all this takes time.

[trucphong 24]

4 minutes ago, Boiler said:

How old is the child, for the child to be an issue the child would need to be a minor when the PD becomes current,

 

The father may need to agree to the child moving but see above.

 

Once the daughter moves to the US and obtains PR status then she can marry and sponsor husband.

 

Obviously all this takes time.

Thanks, Boiler. Child will be ~ around 1 year if her mom filed petition right now. So child will be still minor when PD becomes current.

 

 

Edited June 19, 2023 by trucphong

[Boiler 45,692]

Child should be fine to accompany mother assuming fathers approval is needed and granted, which would be normal but I do not know Vietnam law

[JeanneAdil 6,562]

Tell the green card woman not to naturalize till the process is ove

if she natualizes the visa type changes and Nolo law says::

 

https://www.nolo.com/legal-encyclopedia/how-naturalization-affects-your-child-s-application-for-a-u-s-green-card.html

 

and also discussed on immigration site

 

https://fam.state.gov/fam/09FAM/09FAM050201.html

 

If your child is over the age of 21 (thus called a "son or daughter" in legal lingo), and already has an application in the F2B category, naturalizing might automatically put the child into category "F1," for unmarried sons and daughters of U.S. citizens over the age of 21.

That could present a problem. There has been more demand for F1 immigrant visas in recent years than for F2B visas, with the result that the waitlist tends to move slowly (though this could change). The difference can be several years' worth. So, by naturalizing, the petitioner could seriously delay the child's application for a U.S. green card.

 

 

 

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	15DEC14	15DEC14	15DEC14	01APR01	01MAR12
F2A	08SEP20	08SEP20	08SEP20	01NOV18	08SEP20
F2B	22SEP15	22SEP15	22SEP15	01JUN01	22OCT11

says