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Pending I-130/I-129F - how to add new baby?

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Filed: K-3 Visa Country: Australia
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Hi,

My wife & I have a pending I-130/I-129F in pursuit of a K3. Since submitting the petitions we have been fortunate to have added a child to the family, who will be issued a US Passport & Certificate of USC Born Abroad.

The question is do we need to add the child to the I-129F or I-130? As a USC, the child will not need a K-4; however, the petition is now inaccurate. What do we need to do to alter the application. We certainly don't want the yet-to-be-filed DS230/156/etc forms to be out of synch with the I-130/I-129Fs.

As a further question (which may need an additional post), has anyone tried to enter the US with a foreign passport with a USC infant in tow? How about while the K3 is pending? I know there are lots of cases of entering while K3 is pending - this situation is a bit trickier as there is a USC child in the mix.

Kind regards,

Brian

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Filed: Other Country: China
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Hi,

My wife & I have a pending I-130/I-129F in pursuit of a K3. Since submitting the petitions we have been fortunate to have added a child to the family, who will be issued a US Passport & Certificate of USC Born Abroad.

The question is do we need to add the child to the I-129F or I-130? As a USC, the child will not need a K-4; however, the petition is now inaccurate. What do we need to do to alter the application. We certainly don't want the yet-to-be-filed DS230/156/etc forms to be out of synch with the I-130/I-129Fs.

As a further question (which may need an additional post), has anyone tried to enter the US with a foreign passport with a USC infant in tow? How about while the K3 is pending? I know there are lots of cases of entering while K3 is pending - this situation is a bit trickier as there is a USC child in the mix.

Kind regards,

Brian

The forms will not be out of sync because of the birth date. You can fax or email the Consulate to alert them ahead of time or just add a note when you return packet 3.

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Filed: Citizen (apr) Country: India
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Hi,

My wife & I have a pending I-130/I-129F in pursuit of a K3. Since submitting the petitions we have been fortunate to have added a child to the family, who will be issued a US Passport & Certificate of USC Born Abroad.

The question is do we need to add the child to the I-129F or I-130? As a USC, the child will not need a K-4; however, the petition is now inaccurate. What do we need to do to alter the application. We certainly don't want the yet-to-be-filed DS230/156/etc forms to be out of synch with the I-130/I-129Fs.

As a further question (which may need an additional post), has anyone tried to enter the US with a foreign passport with a USC infant in tow? How about while the K3 is pending? I know there are lots of cases of entering while K3 is pending - this situation is a bit trickier as there is a USC child in the mix.

Kind regards,

Brian

I think the baby gets a generic documentation as a USC based on a paternal citizenship. He/She gets a Green Card status on entry to be converted to a naturalization request on entry. But for him/her to travel you need to talk to the local consulate and find out the norms and forms to be filled up.

with regards to updating the application form that can be done again at the consulate. I'm sure they understand situations and delays.

best wishes

Mahesh

best bet is to email the consulate and explain the situation and hear their process and guidance.

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Filed: IR-1/CR-1 Visa Country: Canada
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Hi,

My wife & I have a pending I-130/I-129F in pursuit of a K3. Since submitting the petitions we have been fortunate to have added a child to the family, who will be issued a US Passport & Certificate of USC Born Abroad.

The question is do we need to add the child to the I-129F or I-130? As a USC, the child will not need a K-4; however, the petition is now inaccurate. What do we need to do to alter the application. We certainly don't want the yet-to-be-filed DS230/156/etc forms to be out of synch with the I-130/I-129Fs.

As a further question (which may need an additional post), has anyone tried to enter the US with a foreign passport with a USC infant in tow? How about while the K3 is pending? I know there are lots of cases of entering while K3 is pending - this situation is a bit trickier as there is a USC child in the mix.

Kind regards,

Brian

Let your wife know that on the DS-230, list the child on Q 19, however on Q 21a and Q 21b not to list the child.

In their language 'accompany' means immigrate and the child is not immigrating.

I just recently visited my husband in the US our infant daughter, in the final stages of the visa process. I had a Canadian passport and my daughter has US one. I went through the special services line since I had a porter with me to help me with the bags. The agent was young and pleasant and just asked to see the baby to check her against the passport picture.

I then offered him a notarized letter from my husband to travel with the baby, for a second it looked like the wheels were turning in his head ( suspecting this may not be just a visit perhaps? ) but he then smiled, stamped our boarding passes and let us through. We wished each other a happy holiday and said good bye.

But when I was handing the customs card over to the second agent near at the end she took the card and was about to let me pass- then took a look at the baby and screamed WAIT - scribbled some code in red pen on it and sent me to a secondary line up. For some reason, I wasn't nervous about being questioned but there was a room full of people waiting and I was afraid I was going to miss my flight.

The secondary agent said "What kind of meat or fruit do you have?" and I told him none. He then gave me this puzzled look and something like "Then why are you here?". I told him I was almost through and when the agent collecting the cards noticed the baby she told me to go there.

I think he was swamped and couldn't be bothered because he shook his head and hold me to "go ahead". I repeated it since I was a bit surprised how easy it was, I expected that he would at least ask for a travel letter. "Yeah- go ahead" he said again...and away I went.

04-21-2006 | Marriage in Santa Ana, CA
I-130 Process
06-29-2006 | Mailed to CSC
08-23-2006 | Was told application was rejected & sent back
08-30-2006 | Recieved rejected package
09-01-2006 | Resubmitted I-130
09-08-2006 | NOA1 (now that's more like it)
09-13-2006 | Recieved NOA1 in the mail
12-19-2006 | Recieved email RFE
12-20-2006 | Recieved RFE in mail
12-22-2006 | Sent out RFE info
01-09-2007 | NOA2 Email received!
I-130 at NVC
01-24-2007 | Case Number Assigned
02-06-2007 | Emailed DS-3032 COA
02-09-2007 | NVC confirms COA in email
02-20-2007 | DS3032 & AOS Fee Bill Mailed
02-26-2007 | Received DS3032 and AOS Fee Bill
02-28-2007 | Mailed AOS Fee Bill and check
03-13-2007 | I-864 received
03-21-2007 | I-864 sent
05-16-2007 | IV Bill resent from NVC (never got the first)
06-02-2007 | IV Bill received
06-05-2007 | IV Bill payment sent
06-26-2007 | Received DS230
06-29-2007 | Mailed DS230 to NVC
08-15-2007 | NVC process complete but was sent back to US CIS (#@$%#$% this sucks)
11-08-2007 | I-130 returned to NVC
11-08-2007 | Requested expedited interview due to daughters illness
11-21-2007 | NVC approved expedited interview. Mailed to Montreal Embassy Nov 20th
12-11-2007 | Told by contact at US Consulate in Toronto that our interview date will be on Jan 4th.
01-04-2008 | Interview In Montreal. VISA GRANTED
01-11-2008 | Arrival in the US
11-09-2009 | Biometrics taken for 10 year green card
01-20-2010 | Approved- 10 GC ordered for production

06-22-2013 | N-400 package sent

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