K-3 issue: Baby born after I-130 was filed

[x24 0]

I have just been naturalized and is in the process of setting up a K-3 application. I have filed for my wife's I-130 when I was still an immigrant (I have called USCIS and upgraded my I-130 right after being naturalized). I'm currently filling up the I-129F and trying complete the requirements like both our G-325A forms. My wife gave birth to our baby daughter recently so the baby's information wasn't on the I-130 I have filed. Do we have to fill up a G-325A for the baby so she can get a K-4? Or should a copy of the birth certificate (along with a copy of our marriage certificate) be enough for her to be issued a K-4? I believe I don't have to file a separate I-130 for the baby, unless I'm wrong.

Also, I believe that a US citizen's foreign born child will automatically become a citizen once they arrive in the US on legal status. Does this apply as well when my baby arrives with my wife on a K-4 visa? Or does the I-130 be approved first (while here in the US on a K-4) before this can be applied?

[riblet 0]

Your child is already a citizen, so doesn't need any petition to be filed. What you do need to do is file for the certification of citizenship at the consulate where your wife is.

I have just been naturalized and is in the process of setting up a K-3 application. I have filed for my wife's I-130 when I was still an immigrant (I have called USCIS and upgraded my I-130 right after being naturalized). I'm currently filling up the I-129F and trying complete the requirements like both our G-325A forms. My wife gave birth to our baby daughter recently so the baby's information wasn't on the I-130 I have filed. Do we have to fill up a G-325A for the baby so she can get a K-4? Or should a copy of the birth certificate (along with a copy of our marriage certificate) be enough for her to be issued a K-4? I believe I don't have to file a separate I-130 for the baby, unless I'm wrong.

Also, I believe that a US citizen's foreign born child will automatically become a citizen once they arrive in the US on legal status. Does this apply as well when my baby arrives with my wife on a K-4 visa? Or does the I-130 be approved first (while here in the US on a K-4) before this can be applied?

And CONGRATULATIONS on the baby

Your child is already a citizen, so doesn't need any petition to be filed. What you do need to do is file for the certification of citizenship at the consulate where your wife is.

I have just been naturalized and is in the process of setting up a K-3 application. I have filed for my wife's I-130 when I was still an immigrant (I have called USCIS and upgraded my I-130 right after being naturalized). I'm currently filling up the I-129F and trying complete the requirements like both our G-325A forms. My wife gave birth to our baby daughter recently so the baby's information wasn't on the I-130 I have filed. Do we have to fill up a G-325A for the baby so she can get a K-4? Or should a copy of the birth certificate (along with a copy of our marriage certificate) be enough for her to be issued a K-4? I believe I don't have to file a separate I-130 for the baby, unless I'm wrong.

Also, I believe that a US citizen's foreign born child will automatically become a citizen once they arrive in the US on legal status. Does this apply as well when my baby arrives with my wife on a K-4 visa? Or does the I-130 be approved first (while here in the US on a K-4) before this can be applied?

[x24 0]

Thanks.

I forgot to mention that the baby was born before I got naturalized. Does the Child Citizenship Act still apply here? I might be contradicting myself here about this issue. I went back and read about the Child Citizenship Act (http://travel.state.gov/family/adoption/info/info_457.html) and I don't think my baby would be eligible, considering that she will be coming in the US on a non-immigrant visa. Maybe after the I-130 passes, it could be applied.

This brings back the question about the G-325A for the baby, on whether we need to fill one up for the baby or not.

[riblet 0]

Ah, from your post I understood the baby was born after naturalization. I'm not entirely sure about what step you will have to take next to get the baby here with the mother, but regarding the G325A, my understanding is that form is only required for persons over the age of 14.

Okay, I just checked the I130 instructions, and there is no G325A required unless you are petitioning for a spouse. For a child, you need:

"A child and you are the father: Submit a copy of thechild's birth certificate showing both parents' names andyour marriage certificate."

I'm thinking that you need to file a I130 for your child. My understanding is that there must be one I130 per immigrant, and you can't use one for two people. Hopefully someone else has more experience with this.

Thanks.

I forgot to mention that the baby was born before I got naturalized. Does the Child Citizenship Act still apply here? I might be contradicting myself here about this issue. I went back and read about the Child Citizenship Act (http://travel.state.gov/family/adoption/info/info_457.html) and I don't think my baby would be eligible, considering that she will be coming in the US on a non-immigrant visa. Maybe after the I-130 passes, it could be applied.

This brings back the question about the G-325A for the baby, on whether we need to fill one up for the baby or not.

[lucyrich 20]

This is an interesting situation, and calls for some careful reading.

Since you weren't a citizen when the child was born, and since you presumably have not spent five years in the US as a citizen, your child doesn't automatically inherit your US Citizenship at birth the way most children of most US citizens would.

I know that it has come up before that for a K-3/K-4, no I-130 is required for the child. The K-4 can be issued based on the spouse/parent's K-3/I-129F. However, if the K-3 slows down and the I-130 is approved, thereby voiding the K-3 and leading to a CR-1 visa for the spouse, the child can be left without a means to get a visa, since there's no derivative visa for a CR-1. Because of this possibility, it's usually recommended to file an I-130 for all children at the same time you file one for your spouse. I believe that, even though the I-130 may not be needed right away for the K-3/K-4, it will eventually be needed for the subsequent adjustment of status, so you might as well file it at the start.

I believe that, by the child citizenship act, your child will automatically become a US Citizen when admitted as a LPR. That would either be when entering with an immigrant visa, or when adjustment of status is completed if the child initially enters on a K-4. See the Guide to Naturalization, question 25. But I may have missed some details in my reading.

[x24 0]

Thanks for the replies.

I guess I can drop the concern about my baby's citizenship and worry about her status once she's here on a K-4 and my wife's I-130 gets approved. You have brought up a good point there lucyrich. A possible scenario will be, the I-129F gets approved before the I-130 does, and my wife and baby come in the US on a K-3 and K-4 visa. Now, when the I-130 gets approved, the question is if my baby becomes an LPR along with my wife. I just REALLY hope that with the baby being born after I have filed my wife's I-130 that I don't have to file one for the baby.

I will try to call USCIS and ask about this, but I want to see if someone here had the same issue and has gone through it with positive results. There's still the risk of the I-130 getting approved before the I-129F. I don't want the idea that my baby has to stay there.

Edited November 16, 2006 by x24

[x24 0]

Update:

I have just talked to two people from USCIS and I guess I got a bit of good news.

The first guy i talked to said that it can be on the consulate's (in this case, the consulate at the US embassy in the Philippines) discretion on whether they're gonna tack the baby on with my wife's LPR status when the I-130 gets approved. This is looking at the scenario that the I-130 gets approved first. Since there's the risk that they won't, might as well file for an I-130 for the baby to be sure. With that, I asked if I have to wait for my baby's I-130 receipt notice before I can send the I-129F. He wasn't able to answer that so he transferred me to someone who would know.

After 30 minutes of listening to some flute music, the lady said she could just send an ammendment to my wife's I-130 to add my baby's name on it, and I can send the I-129F now. I should hear from USCIS within 30 days about it. This really gave me piece of mind that I don't have to pay for another I-130 and know that the baby doesn't have to stay there or be sent back when the I-130 is done. The lady did not give me a referral number though, unlike when I called to upgrade my I-130 when I got naturalized.

Good thing I posted here, or I wouldn't be able to bring up this issue with them. Thanks guys.

[meauxna 15]

Update:

I have just talked to two people from USCIS and I guess I got a bit of good news.

The first guy i talked to said that it can be on the consulate's (in this case, the consulate at the US embassy in the Philippines) discretion on whether they're gonna tack the baby on with my wife's LPR status when the I-130 gets approved. This is looking at the scenario that the I-130 gets approved first. Since there's the risk that they won't, might as well file for an I-130 for the baby to be sure. With that, I asked if I have to wait for my baby's I-130 receipt notice before I can send the I-129F. He wasn't able to answer that so he transferred me to someone who would know.

After 30 minutes of listening to some flute music, the lady said she could just send an ammendment to my wife's I-130 to add my baby's name on it, and I can send the I-129F now. I should hear from USCIS within 30 days about it. This really gave me piece of mind that I don't have to pay for another I-130 and know that the baby doesn't have to stay there or be sent back when the I-130 is done. The lady did not give me a referral number though, unlike when I called to upgrade my I-130 when I got naturalized.

Good thing I posted here, or I wouldn't be able to bring up this issue with them. Thanks guys.

For the K-3/K-4 scenario, you don't have to wait on receipt of the child's I-130 to file the I-129f. The I-129f is going to attach to your wife's I-130 only, and the child can get the K-4 off her K-3 (the I-130 has no derivitive status available, that's why the kidlet needs his own).

About your 2nd paragraph, I don't understand that. If the I-130 gets done first, it kills the I-129f/K-3 option and the child has no way to the US.

I think it's correct that if the child enters as an immigrant (I-130-->IV), he becomes a citizen at entry. I don't know what happens if mother and child come as Ks and Adjust Status.

[zyggy 9]

Update:

I have just talked to two people from USCIS and I guess I got a bit of good news.

The first guy i talked to said that it can be on the consulate's (in this case, the consulate at the US embassy in the Philippines) discretion on whether they're gonna tack the baby on with my wife's LPR status when the I-130 gets approved. This is looking at the scenario that the I-130 gets approved first. Since there's the risk that they won't, might as well file for an I-130 for the baby to be sure. With that, I asked if I have to wait for my baby's I-130 receipt notice before I can send the I-129F. He wasn't able to answer that so he transferred me to someone who would know.

After 30 minutes of listening to some flute music, the lady said she could just send an ammendment to my wife's I-130 to add my baby's name on it, and I can send the I-129F now. I should hear from USCIS within 30 days about it. This really gave me piece of mind that I don't have to pay for another I-130 and know that the baby doesn't have to stay there or be sent back when the I-130 is done. The lady did not give me a referral number though, unlike when I called to upgrade my I-130 when I got naturalized.

Good thing I posted here, or I wouldn't be able to bring up this issue with them. Thanks guys.

For the K-3/K-4 scenario, you don't have to wait on receipt of the child's I-130 to file the I-129f. The I-129f is going to attach to your wife's I-130 only, and the child can get the K-4 off her K-3 (the I-130 has no derivitive status available, that's why the kidlet needs his own).

About your 2nd paragraph, I don't understand that. If the I-130 gets done first, it kills the I-129f/K-3 option and the child has no way to the US.

I think it's correct that if the child enters as an immigrant (I-130-->IV), he becomes a citizen at entry. I don't know what happens if mother and child come as Ks and Adjust Status.

The baby will be a USC once Permanent Resident Status is conferred onto the baby. If that takes place in the US via AOS, then the baby is a citizen after the child and mother receives Permanent Resident Status..

Edited November 16, 2006 by zyggy

[meauxna 15]

Thanks buddy

Are you ever going to tell us who's in your avatar, or am I suppoed to recognize (?) him?

If it's a picture of you, it looks like one I would've taken!