New Baby before final Interview?

[Dr.Sailor 0]

I started the green card process long time ago and at that we didnt have babies..now my wife has delivred.. what is the best course of action should i take??

[Dakine 26]

I started the green card process long time ago and at that we didnt have babies..now my wife has delivred.. what is the best course of action should i take??

What stage are you at? Removing conditions?

[SunDrop 59]

I started the green card process long time ago and at that we didnt have babies..now my wife has delivred.. what is the best course of action should i take??

Since you are a USC, the baby is one also. Your sponsorship documents should now reflect you have 1 more dependent, so this should be reflected on the system but you do not need to add the baby to the visa application, because he/she is a citizen through you but you may have to register his/her birth with the us embassy. Then get him/her a passport so he/she can travel with your wife.

The following was taken from the USEM Saudi website

Special Notice to Parents of Children Under 16

For children under the age of 16, both parents must consent to the first-time passport application and any passport renewals. They may do so by appearing in person with the child and signing the application in the presence of a consular officer. They should bring signed photo identification in English. If one parent is not able to appear, the other parent must bring a notarized statement with the absent parent's consent, as well as a copy of identification for the absent parent. The application should be accompanied by a birth certificate showing the names of both parents. If one parent has complete custody, he/she should bring an original copy of the custody order.

First-Time Passport Applicants Born Outside the United States

You will need to provide:

1. A completed application form (DS-11), available to download from www.travel.state.gov/passport/forms/ds11/ds11_842.html

2. One color passport photo, white background, 2" x 2" (5 cm x 5 cm)

3. Proof of U.S. citizenship of parent(s). Proof can be established by various evidentiary means, but the simplest and most reliable are production of a U.S. passport, certified U.S. birth certificate, certificate of naturalization, or certificate of citizenship.

4. Parents’ marriage certificate.

5. Divorce decrees or death certificates of all prior spouses of parents.

6. Proof of the relationship between the applicant and parents.

A foreign birth certificate showing the parents names is required. If non-existent, religious records (e.g. baptismal certificate; entry in family bible; etc.), family photos, or DNA analysis may be required.

7. Proof of physical presence or residence in the United States.

For children born after 1986* to:

* Two American citizen parents, married: one of the parents must have resided in the USA at some point in time.

* One American citizen parent and one non-U.S. citizen parent, married: the U.S. citizen parent must have been physically present in the U.S. for five years prior to the child’s birth, two of which were after age 14.

* American citizen mother, unmarried: the mother must have been physically present in the USA for a continuous period of one year at some time prior to the child’s birth.

* American citizen father, unmarried: the father must have been physically present in the U.S. for five years prior to the child’s birth, two of which were after age 14 and he must legitimate the child and complete a binding affidavit to provide support for the child until reaching age 18. Evidence of physical presence may include: college transcripts, report cards, medical records, pay records, lease or rent receipts, utility bills, DD-214s, and Consular Reports of Birth Abroad for siblings.

8) Passports or identity documents of parents, if the applicant is under age 16.

Edited November 11, 2009 by SunDrop

[Dr.Sailor 0]

Ok here are some facts..

1) I'm the husband and I'm a non-US citizen, my wife is the US citizen and she is sponsering me

2) Our child was born outside USA, and since my wife didnt live in US after her birth there, they said the baby cannot apply for a passprot now but he can apply for a green card then a passport at a later stage

3) I'm in the final stage now which is the interview prior to issuing a green card for me

4) All our family is not in USA now

5) I have not done anything regarding the baby issue, ie, the emabassy is not aware that i have a baby now

thanks much waiting for your help

[SunDrop 59]

Respectfully, what are you asking for help with?

You already have the answers to the baby's citizenship. You need to add the baby to the CR1, I would guess. Who and how you do this will depend on the stage you are at with your petition.

I'm confused to how you're filing for CR1 if your wife isn't resident in the US? I'm probably ignorant to the facts, but thought that residence was required by the USC to petition for a CR1 visa.

[payxibka 10,044]

firstly, you are not interviewing for a greencard but a visa. greencards are only issued after you arrive in the USA

If the baby does not have a claim to US citizenship (which you say he/she does not) then AFAIK then the baby will need an I-130 petition.

Edited November 11, 2009 by payxibka

[sachinky 464]

If the baby's mother is a USC, the child is also a USC. And I'm assuming your wife is a USC, otherwise how did she file a I-130 for you?

[Dr.Sailor 0]

Respectfully, what are you asking for help with?

You already have the answers to the baby's citizenship. You need to add the baby to the CR1, I would guess. Who and how you do this will depend on the stage you are at with your petition.

I'm confused to how you're filing for CR1 if your wife isn't resident in the US? I'm probably ignorant to the facts, but thought that residence was required by the USC to petition for a CR1 visa.

We cannot apply for a US passport for the baby since my wife didnt live in USA for more than 5 years after her birth there (It is written in your answer), so he cannot be a US citizen for the meantime..

You can file for IR-1 visa even if both US citizen and spouse is living outside US.. there is a whole section here in the forum for DCF (Direct Counsel Filling), which the way we went through.

I want to know what to do now, should I apply a whole new application for the baby, since I almost finished my own process, or there is a way to add my baby to my original application prior to the interview which is next month??

[Dr.Sailor 0]

firstly, you are not interviewing for a greencard but a visa. greencards are only issued after you arrive in the USA

If the baby does not have a claim to US citizenship (which you say he/she does not) then AFAIK then the baby will need an I-130 petition.

I know that it is only a visa, I just use the name inter-changably..

Yea the baby doesnt have a calim to US citizenship.. Do you have to do an file a whole new application from the start for the baby?

[payxibka 10,044]

Respectfully, what are you asking for help with?

You already have the answers to the baby's citizenship. You need to add the baby to the CR1, I would guess. Who and how you do this will depend on the stage you are at with your petition.

I'm confused to how you're filing for CR1 if your wife isn't resident in the US? I'm probably ignorant to the facts, but thought that residence was required by the USC to petition for a CR1 visa.

We cannot apply for a US passport for the baby since my wife didnt live in USA for more than 5 years after her birth there (It is written in your answer), so he cannot be a US citizen for the meantime..

You can file for IR-1 visa even if both US citizen and spouse is living outside US.. there is a whole section here in the forum for DCF (Direct Counsel Filling), which the way we went through.

I want to know what to do now, should I apply a whole new application for the baby, since I almost finished my own process, or there is a way to add my baby to my original application prior to the interview which is next month??

IR visa does not have derivative benefits to children... a new I-130 is needed for the child.

FWIW do NOT use terms interchangeably....

Edited November 11, 2009 by payxibka

[Dr.Sailor 0]

If the baby's mother is a USC, the child is also a USC. And I'm assuming your wife is a USC, otherwise how did she file a I-130 for you?

The baby cannot be a US citizen because my wife didnt live in USA for the required period after her birth there (At least 5 years are requried)

[lucyrich 19]

Yes, if anything would make the baby a US Citizen, it would be INA 301(g), but that law requires that the US Citizen parent have lived in the US for at least five years prior to the baby's birth. Therefore, the baby is not a US Citizen.

In the original post, you ask "what course of action should I take?". The answer would depend on what you want to happen.

I'll guess the three of you are living together as a family, and you want to enter the US to live together as a family. If that is the case, then your US Citizen wife should file an I-130 for her child, which should lead to an immigrant visa for the child. When the child enters on the immigrant visa, the child will automatically gain US Citizenship on that day, assuming the child is in the custody of the US Citizen mother and the mother starts residing in the US. Search for "Child Citizenship Act" for details. After the child is in the US, you can get a certificate of citizenship and a US Passport for the child.

For your own visa case, the child has little effect, except that it may provide some evidence of the bona fide nature of your relationship to the mother, and it may affect the household size for the purposes of the affidavit of support.

Of course, you should update the officials the next time you see them (visa interview?) to let them know about the child.

If they issue a visa for you, the visa will probably have a validity period of 6 months. In other words, you must enter the US within six months after your visa is issued, or else your visa will expire. I don't know if they'll be able to issue a visa for the child in time for you to travel together, but it is probably best to start on the child's visa paperwork as soon as possible.

[sachinky 464]

Oh okay. I get it now. You guys filed for DCF and your wife hasn't been in the U.S. for the required number of years for your child to claim citizenship. IMO, your wife should file an I130 for your kid immediately if you haven't done already.

How old is your kid? Sometimes it's possible to have a child listed on the mother's passport. I forget the technical name of it. One of my friends had that till she turned old enough.

Edited November 11, 2009 by sachinky

[payxibka 10,044]

How old is your kid? Sometimes it's possible to have a child listed on the mother's passport. I forget the technical name of it. One of my friends had that till she turned old enough.

The US does not do that