Sponsor is pregnant - how does this affect our application?

[Prince-Akeem 1]

My wife petitioned for our daughter and I and since then we found out she is pregnant. Our interview will be at the US consulate in Vietnam but no date is set as we still haven't sent out package to the NVC, only paid fees.

We're now unsure what happens - do we start a new i-130 application or do we advise them during the interview? If the visa's approved do they expedite in cases of a new born or will we have to remain in Vietnam for a third visa application, or is it allowed (if approved) for us to enter with the baby on a tourist visa and apply in-country?

Any advice or sharing of similar experience is appreciated.

Thanks.

[N-o-l-a 7,167]

You are saying that the US citizen is pregnant? If so:

You do not need to do an I-130 for the child. If you stay in Vietnam for the birth, the child will get a consular birth certificate and apply for a US passport. I do not know how long a CRBA and passport application takes in Vietnam, but it shouldn't be a super long wait.

The child needs their own passport to travel to America and it will alleviate issues to get the American one before leaving Vietnam.

If the child is born before your interview, you'll also need to submit a new I-864 to reflect the change in household size.

[N-o-l-a 7,167]

Scratch what I said above, you have the wife that has never lived in America, correct? There is a 5 year residency requirement to pass on citizenship by descent.

Edited December 11, 2014 by N-o-l-a

[Prince-Akeem 1]

Hi, thanks for the info. Yes, that's right. My wife, although a citizen has never lived there so I guess the above won't count.

We're just unsure of how we go about updating our application to address the new born...we assume that we can't file anything until the babies born and has their birth certificate and passport so planned to tell the Consular Officer during interview if we get an interview before the birth?

[Boiler 43,592]

Is this an immediate relative or F1?

[Prince-Akeem 1]

Sorry, don't understand your question or know what an F1 is?

My wife is sponsoring my daughter and I and since starting the process she is pregnant.

[Boiler 43,592]

How old is she?

[Prince-Akeem 1]

What?

Understand you may be trying to help but can you explain what you're getting at?

[Boiler 43,592]

Wondering if she is in a category that allows derivatives.

[Merrytooth 5,748]

Wondering if she is in a category that allows derivatives.

I think OP meant that his wife (US citizen, the petitioner) is pregnant, not the daughter is pregnant.

[Boiler 43,592]

I think OP meant that his wife (US citizen, the petitioner) is pregnant, not the daughter is pregnant.

Hmmm

Confusing as hell if so!

[Prince-Akeem 1]

Hi, yes my wife is pregnant not our daughter. She's 4:)

Sorry to confuse. I appreciate the advice.

[Penguin_ie 5,986]

Did you only just find out she is pregnant? if so, the visa case should be done well before she gives birth, and thus you can travel and she gives birth in the USA, making baby an automatic US citizen (if you can afford for her to give birth there, of course).

[Ryan E 10]

Not connected to you question, but you mention you wife is sponsoring you but has not lived in the US. She will be required to demonstrate Domicile in the US as part of the AOS. The consul may or may not allow "intent to (re)establish domicile."

Make sure you look into this as well. It may be "required" that she moves to the US to establish Domicile -- depending on the timing this might coincide with giving birth there.

Domicile is a topic for another thread, but you can also search for info.

[NigeriaorBust 4,087]

Also how old is your daughter ?