what's the diff between the procees for spouse of US citizen and unmerried son of US citizen ?

[Hamada91 9]

hi guys,

 

I'm married to a US citizen, we both live abroad. we already filed i130 and it's under process at the moment. we are expecting to deliver a baby in the next couple  of months. how can we have the baby within the process of green card as well ? and is there any difference between the process of the spouse and the process of the baby regarding the time taken ? is it shorter for the baby than it is for me ?

 

please advise. thanks

[Muffinji 43]

12 minutes ago, Hamada91 said:

hi guys,

 

I'm married to a US citizen, we both live abroad. we already filed i130 and it's under process at the moment. we are expecting to deliver a baby in the next couple  of months. how can we have the baby within the process of green card as well ? and is there any difference between the process of the spouse and the process of the baby regarding the time taken ? is it shorter for the baby than it is for me ?

 

please advise. thanks

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

should have the info you need. 

 

[aleful 1,905]

it depends if he qualifies to automatically pass his citizenship or he needs to file a GC for him

 

find out first if the baby qualifies for CRBA, meaning your husband passes his citizenship to your child, no need for a GC

 

if he doesn't, then he will need to file the same petition as you and it will last like you, over a year

 

 

[pushbrk 13,250]

3 hours ago, aleful said:

it depends if he qualifies to automatically pass his citizenship or he needs to file a GC for him

 

find out first if the baby qualifies for CRBA, meaning your husband passes his citizenship to your child, no need for a GC

 

if he doesn't, then he will need to file the same petition as you and it will last like you, over a year

 

 

This is correct, and if the CRBA is not going to work, the child never gets a green card.  They get an IR2 visa and citizenship upon entering the US, not a green card/resident status.

[Hamada91 9]

7 hours ago, aleful said:

it depends if he qualifies to automatically pass his citizenship or he needs to file a GC for him

 

find out first if the baby qualifies for CRBA, meaning your husband passes his citizenship to your child, no need for a GC

 

if he doesn't, then he will need to file the same petition as you and it will last like you, over a year

 

 

how do we know if the baby qualifies a US citizenship directly ?

[aleful 1,905]

check out the link of Muffin

 

you can always google CRBA, Consular Report of Birth Abroad and check if your child qualifies based on your husband's citizenship

 

[abum 324]

Since i am familiar with OP's previous posts, i can answer that OP's soon to be born child would not be able to get CRBA as OP's wife does not fulfill 5 years residing in the USA rule, 2 years after the age of 14 .

 

OP's wife need to petition for the child if the child was born abroad. So it will be another I-130 after the birth of the child. 

What OP can do is to "delay" his own visa issuance, if his petition is at NVC, let it sit at NVC, file petition for the child, and the progress it at the same time at NVC.

 

For Child of USC, it should be straight forward , especially if the USC is the mother. Just need to prove the relationship (birth cert, passport), and the USC's intention to establish domicile in the USA, and that was about it.

Since the child of USC will automatically be a USC upon entry at PoE, the child does not need to have Affidavit of Support (just need to submit I-864W - and no fees for that). 

[Hamada91 9]

1 hour ago, abum said:

Since i am familiar with OP's previous posts, i can answer that OP's soon to be born child would not be able to get CRBA as OP's wife does not fulfill 5 years residing in the USA rule, 2 years after the age of 14 .

 

OP's wife need to petition for the child if the child was born abroad. So it will be another I-130 after the birth of the child. 

What OP can do is to "delay" his own visa issuance, if his petition is at NVC, let it sit at NVC, file petition for the child, and the progress it at the same time at NVC.

 

For Child of USC, it should be straight forward , especially if the USC is the mother. Just need to prove the relationship (birth cert, passport), and the USC's intention to establish domicile in the USA, and that was about it.

Since the child of USC will automatically be a USC upon entry at PoE, the child does not need to have Affidavit of Support (just need to submit I-864W - and no fees for that). 

So the child doesn't not need a sponsor like the spouse does ?

[abum 324]

10 minutes ago, Hamada91 said:

So the child doesn't not need a sponsor like the spouse does ?

petitioning for a child of a USC, is not the same as petitioning for the spouse of USC.

 

Child of USC, via Citizenship Act 2000, will be a USC upon entry into the USA with an Immigrant Visa (I-551). With that, since the child is already a USC, the petitioner is no longer "on the hook" for bringing the child into the USA. 

 

Hence for affidavit of support, the petitioner should only fill out the form i stated above. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-4-collect-financial-documents.html#ExternalPopup

 

Though when it comes to calculating household size, i am not sure how it would be though for the USC (if the USC is petitioning for the child along with a spouse, as in the soon-to-be-born baby would have to be included in the petition of the spouse). 

 

Maybe it would be better for the spouse to get the visa when the wife has just given birth, so that the wife and the spouse can travel to the USA to activate the GC for 1 day, at the same time submit I-131 re-entry permit, then go back home  immediately. Then the spouse need to go back to the USA for the biometric for I-131, and then wait for the petition of the child to go through. 

It would cost a bit, but if the spouse gets to the NVC stage after the child was born, it might affect the household calculation for Affidavit of Support. 

[pushbrk 13,250]

Of course, if the household calculation is not an issue, then no need for all the extra travel.

[Hamada91 9]

5 hours ago, abum said:

petitioning for a child of a USC, is not the same as petitioning for the spouse of USC.

 

Child of USC, via Citizenship Act 2000, will be a USC upon entry into the USA with an Immigrant Visa (I-551). With that, since the child is already a USC, the petitioner is no longer "on the hook" for bringing the child into the USA. 

 

Hence for affidavit of support, the petitioner should only fill out the form i stated above. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-4-collect-financial-documents.html#ExternalPopup

 

Though when it comes to calculating household size, i am not sure how it would be though for the USC (if the USC is petitioning for the child along with a spouse, as in the soon-to-be-born baby would have to be included in the petition of the spouse). 

 

Maybe it would be better for the spouse to get the visa when the wife has just given birth, so that the wife and the spouse can travel to the USA to activate the GC for 1 day, at the same time submit I-131 re-entry permit, then go back home  immediately. Then the spouse need to go back to the USA for the biometric for I-131, and then wait for the petition of the child to go through. 

It would cost a bit, but if the spouse gets to the NVC stage after the child was born, it might affect the household calculation for Affidavit of Support. 

thank you so much that was very clear