Children born during the CR1 Marriage Visa application process

[wiiil 6]

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!!

[cocolucho 35]

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 March 4, 2015 by cocolucho

[wiiil 6]

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…

[Boiler 43,792]

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

[NikLR 13,220]

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.

[Ryan H 3,796]

Moved from Progress Reports to Process & Procedures.