IR-1 / CR-1 Spouse Visa, but what about my son?

[li_09 40]

Hi this may seem like a stupid question but this is all so overwhelming that I've probably missed the answer here somewhere.

My husband is applying for a I-130 visa for myself but I want to know, is my son automatically included in this or will that need to be a separate application (forms, fee etc). Please help

[aaron2020 11,651]

Your son is not included. He needs his own separate petition.

How old is your son?

Edited December 7, 2013 by aaron2020

[Darnell 8,479]

you'll need a 2nd petition on the child.

it's one petition per human.

[aaron2020 11,651]

you'll need a 2nd petition on the child.

it's one petition per human.

Only in Immediate Relative cases.

One petition can benefit more than one human in family preference cases. An entire family can be petitioned on one petition.

Since the OP is petitioning his wife and her son, he has to petition for them as Immediate Relatives which requires separate petitions for mom and son.

[li_09 40]

my son is two months old.

thank you all for your help

[NikLR 13,232]

Is your son's father the petitioner? Can he pass citizenship onto his child via a CRBA (Consular Report of Birth Abroad) making your son a US Citizen?

[li_09 40]

Yes he is.

I don't know anything about that. I'm going to look into it now. Thank you

[apple21 953]

Here: http://newzealand.usembassy.gov/birth_abroad.html