Form I-130 petition for wife

[12linkin 1]

Hi everyone.i filed the form I-130 for my wife in May.the petition is still at initial review when I checked last with the case no given to me.My wife and I are expecting our first child,do I file another petition for the baby upon arrival or what do I need to do?comments and answers highly appreciated.thanks

[NigeriaorBust 4,087]

IF you are an LPR you have quite some wait for your wife to get to the interview stage , if you are a USC you will probably get an interview near year end. If you are a USC then you will either file a report of birth aboard if you can pass citizenship or an I130 for the child.

[aaron2020 11,651]

Hi,

As an LPR, you petition your wife in the F2a family preference category.

Derivative beneficiaries are allowed in the F2a category. Update your wife's case with your child's birth certificate with English translation to add the child.

Best of luck.

[Ian H. 207]

Hello,

I'm not sure if you are an LPR or a USC. As an LPR, the wait time for a spouse is about 2+ years currently, to receive the visa. As a USC, there is no wait time other than how long it takes USCIS to process the petition and the NVC and DOS to process your case, which is more or less a year.

As for the child, if you are an LPR, you will be able to include him/her in your spouse's petition and will not have to submit a separate petition. However, if you naturalize beforehand the child will need a separate petition filed.

If you are a USC, the child will be a USC upon birth and would need a US passport, no need to be included in your spouse's case or have a visa issued.

[12linkin 1]

Hi everyone.i filed the form I-130 for my wife in May.the petition is still at initial review when I checked last with the case no given to me.My wife and I are expecting our first child,do I file another petition for the baby upon arrival or what do I need to do?comments and answers highly appreciated.thanks

Thanks everyone for the answer.I am a legal permanent resident;my wife and I had the baby on September to the glory of God.I will be due for citizenship by 2015 January,I believe I should be able to include him in my spouse's petition.

[milimelo 4,279]

Thanks everyone for the answer.I am a legal permanent resident;my wife and I had the baby on September to the glory of God.I will be due for citizenship by 2015 January,I believe I should be able to include him in my spouse's petition.

Actually no - for baby if you're continuing LPR petition the baby will be derivative of spouse. If you're upgrading the petition as a USC and can't pass citizenship via CRBA you WILL have to file another I-130 petition.

[Ian H. 207]

The child can only immigrate under the same petition as your spouse if you remain an LPR. If you become a USC, the child will need a separate petition and you would have to wait for that petition to be approved so that they can apply for their visas together. So if you know that you will apply for citizenship, I would submit your child's I-130 now so that it can be in process while you do your citizenship. If you will pursue the F2A route, then you can just add the child when the case is at the NVC.

[12linkin 1]

Thanks everyone for your response;I appreciate.Am sorry Mr. Moazzam I won't be able to help your wife to file.You can message me on this forum if anything is not clear.I suggest you go through the example forms on how to file form I-130.

[Ryan H 3,797]

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