Husband child pregnant us citizen (merged)

[Mana123 0]

Hi , I am US citizen who is living in Pakistan for completing my education . I have not lived 5 or more years in US . I am married and have a child . I have applied for Immigration of my husband and child . My I-130 was accepted on 7 march 2017 and forwarded to Nebraska service center and i expect that my husband and child will get interview call by feb 2018 . But I am pregnant again and expecting to deliver baby in jan 2018 . I can not leave my child in Pakistan to deliver new one nor I can stay and apply for new born again and my husband and child get visas . What should I do?

 

Edited May 28, 2017 by Penguin_ie

[Mana123 0]

I am u us citizen living abroad and i have filed i130 for both husband and son which has been accepted by uscis in march but i am expecting again so how can I add this child in the case because the expected delivery date is jan and case takes approx 1 year which mean by feb or march visa of son and husband will arrive

My question is how to add the second baby in petition who is not even born yet 

[millefleur 5,052]

If you are a US citizen, you can file for a Consular Report of Birth Abroad and the baby will automatically be a US citizen.

 

There will be no needed to petition the baby.
 

Quote

Children of U.S. citizens born abroad are eligible for a Consular Report of Birth Abroad (CRBA), FS-240, an official record of U.S. citizenship issued to a person under age 18 who was born abroad to United States citizen parent(s) and acquired citizenship at birth. Schools, the Social Security Agency, and other institutions throughout the United States accept it and give it the same credence they give to birth certificates issued by state authorities in the United States.

Only the child's biological parent or legal guardian, preferably the U.S. citizen parent, can apply for a CRBA. Either parent, including a non-U.S. citizen parent, may execute and sign this application. If it will be signed and executed by a legal guardian, a special power of attorney from the parent(s) or guardianship affidavit must be submitted. The application must be made before the child's 18th birthday and the child must make a personal appearance at the U.S. Embassy.

 

 

[Mana123 0]

Consular report for bith abroad of child is for those us citizen parents who have lived in usa for a period of 5 years or more

If the us citizen parent has not lived for five years then the child born wont be a citizen and an i130 will be needed

[mrtravel 40]

Isn't that 5 years after turning 14, or something like that?

[jan22 3,174]

4 hours ago, mrtravel said:

Isn't that 5 years after turning 14, or something like that?

It's a total of 5 years, 2 of which had to be after the US citizen parent was 14 years old.

 

On another note --- Just to make aure, you filed two separate petitions for your husband and son, right?  I'm asking since the IR-1 does not allow derivatives (i.e., your son cannot be part of your husband's petition, he needs a separate petition of his own).  I mention this since you asked about adding your second child to the first petition. You will have to file a new I--130 petition for the second child after it is born or go to the US to give birth.

[Mana123 0]

Yes separate petitions are filed

[dwheels76 5,486]

Okay I am confused why the long wait you say February next year for an interview. If you have been at NVC since March you should interview either for July or August.

 

Or are you not ready to leave Pakistan yet. When will you be done for them to be able to proceed with your case.

[Coco8 1,054]

Can you get healthcare and have the child in the US? Do you have any family in the US that could be with you? Unfortunately, it might be the more straightforward way to do it.

 

 

[Mana123 0]

I cant leave my other son here in Pakistan

Is there a way that the case of my son speeds up so that i could take him along with me to usa for delivery purpose

[Coco8 1,054]

 

10 hours ago, Mana123 said:

I cant leave my other son here in Pakistan

Is there a way that the case of my son speeds up so that i could take him along with me to usa for delivery purpose

 

Your other son could go with you with a tourist visa. I think that the tourist visa would allow him to be in the US for 6 months. You could fly back by the time they have the interview, which seems to be after the baby due date.