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Children born during the CR1 Marriage Visa application process

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My I-130 had been approved by USCIS and the application had been forwarded to NVC couple of months ago, and during this period of time, our daughter was born last month, but not in US. We’d like to know what the option is if we’re going to bring her to the US afterwards.

The sure thing is that my wife (USC) didn’t meet the requirement of filing Consular Report of Birth Abroad (CRBA) because her physical presence in the US is less than 5 years after reaching age 14, so she might not be qualified to file CRBA for my daughter.

I know it may sound odd, but is there any chance that my daughter could obtain her immigrant visa by adding her into my CR1 case? Or my wife must file a CR2 for my daughter separately? Since we manage to bring my daughter to the US right after I obtain my visa though.

Thanks in advance!!

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My I-130 had been approved by USCIS and the application had been forwarded to NVC couple of months ago, and during this period of time, our daughter was born last month, but not in US. Wed like to know what the option is if were going to bring her to the US afterwards.

The sure thing is that my wife (USC) didnt meet the requirement of filing Consular Report of Birth Abroad (CRBA) because her physical presence in the US is less than 5 years after reaching age 14, so she might not be qualified to file CRBA for my daughter.

I know it may sound odd, but is there any chance that my daughter could obtain her immigrant visa by adding her into my CR1 case? Or my wife must file a CR2 for my daughter separately? Since we manage to bring my daughter to the US right after I obtain my visa though.

Thanks in advance!!

Are you sure about your wife does not meet the CRBA??? Read carfully....:

"The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday."

She just has had to lived in the US at least 5 years of her life, and 2 of those years after age 14. I hope this helps. Good luck!

Edited by cocolucho

*The material presented is intended for general information only and does not constitute legal advice*

USCIS - IR1/CR1 Wife/IR2 Daughter - K3 Wife/K4 Daughter

12/03/2013 -- I-130s Sent, 12/06/2013 -- I-130s Received                                           12/13/2013 -- I-129F Sent, 12/16/2013 -- I-129F Received           

12/10/2013 -- I-130s NOA1 Hard copies received from VSC                                         12/20/2013 -- I-129F NOA1 Hard copy from VSC           

06/05/2014 -- I-130s Alien Registration Numbers Changed                                           02/12/2014 -- I-129F Transferred from VSC to TSC hard copy                                       

06/09/2014 -- I-130s RFE Emails, 06/12/2014 -- I-130s RFE Hard copies received       02/25/2014 -- I-129F Alien Registration Number Changed

06/16/2014 -- I-130s RFE Response received                                                              07/11/2014 -- I-129F NOA2 email (207 days)

09/25/2014 -- I-130 NOA2 Emails 290 days                                                                 07/16/2014 -- I-129F NOA2 Hard copy received and sent to NVC        

NVC - K3 Wife/K4 Daughter

07-29-2014 -- NVC received I129F                                                                           

07-31-2014 -- NVC case number assigned

08-01-2014 -- Left NVC in route to Embassy in Lima

Embassy - K3 Wife/K4 Daughter

08-07-2014 -- Embassy in Lima received case from NVC                                        

08-07-2014 -- Received email interview letter and packet IV

08-18-2014 -- Completed DS-160 online                                                                 

08-21-2014 -- Medical & Vaccination completed

09-03-2014 -- Interview (Approved)                                                                        

09-05-2014 -- Visa Issued (CEAC website)

09-10-2014 -- Visa in hand                                                                                      

09-18-2014 -- Dulles VA

USCIS - AOS Wife/Daughter

12/10/2014 -- I-485 Sent - including I-765                                                            

12/11/2014 -- I-485 Received

12/16/2014 -- I-485 and I-765 NOA Received email                                             

12/20/2014 -- I-485 and I-765 NOA Hard copies received

01/09/2015 -- I-485 and I-765 Biometrics appointment                                       

01/14/2015 -- I-485 Ready for interview

02/02/2015 -- I-485 Interview notification received                                             

02/14/2015 -- I-765 Approved - EAD card production email and text

02/24/2015 -- I-765 EAD card received                                                              

 03/12/2015 -- I-485 Interview Date (APPROVED)

03/17/2015 -- CR6/CR7 Welcome letters received                                               

03/21/2015 -- CR6/CR7 Green Cards received :dance:

USCIS - ROC Wife/Daughter

01/12/2017 -- I-751 Sent

01/17/2017 -- I-751 NOA Received for wife and daughter

02/23/2017 -- I-751 / CRI89 Biometrics Appointment for wife and daughter

12/26/2017 -- I-751 / CRI89 Approved for wife and daughter

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Are you sure about your wife does not meet the CRBA??? Read carfully....:

"The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday."

She just has had to lived in the US at least 5 years of her life, and 2 of those years before age 14. I hope this helps. Good luck!

Sadly, yes, we’re sure. We had calculated more than three times, she still needs probably 100 days to reach the five years mark…

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She can petition her daughter, your one does not allow derivatives.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If you slow down your case at the NVC you can make sure the interviews are the same day. The baby must be petitioned separately.

The baby will need an I-864w instead of an I-864 and will be a USC at entry to the USA.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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