Child born after I-130 approved

[mypcool 5]

Hello all, 

 

I have been scouring the internet and the forums to find a solution but have not really found a direct answer. 

 

My wife (petitioner) has applied for a CR-1 visa for myself and our 3 children. She has never lived in the US in order to make our children Citizens so went this route. Our intention was to move for the 2019 school year. 

 

Due to the incredible long wait for our I-130 to be approved we are now discussing waiting until the 2020 school year. 

 

The issue is that my wife is now pregnant and she is due in September. 

 

If we decide to wait is there anyway to expedite bringing the baby in to the US? If we go the regular CR-1 route if the timeline does not shrink then we will not make it. From my understanding we cannot apply for a K class as my I-130 has been approved.

 

Does anyone have any ideas on how to make this work?

 

Thank you in advance.

[Roel 7,191]

You cant apply for K1 because it's for un married people. 

 

There are no expedites for pregnancy or babies. 

Edited April 9, 2019 by Roel

[Crazy Cat 39,226]

Do not waste your time with a K-3 visa.  They are obsolete.  In 2018, only 6 were approved world-wide. There will likely be zero approved this year.  There were no K-4 visas approved last year.  The process for a Cr-1/Ir-1 is lengthy (12-14 months).  There is no faster legal route........Pregnancy is not, in itself, grounds for an expedited case.  

Edited April 9, 2019 by missileman

[mypcool 5]

1 minute ago, missileman said:

Pregnancy is not, in itself, grounds for an expedited case.  

What about once the baby is born? Is the fact that the entire family is has approved I-130s and is planning on moving sufficient? 

[Boiler 43,433]

Give birth in the US?

[Crazy Cat 39,226]

Be aware that your wife will have to prove legitimate domicile in the US during the process.  In addition, she will have to provide evidence of sufficient income after relocating or she will have to find a satisfactory joint sponsor......

If there was a fast route to immigration, we would tell you.....but there just isn't one....good luck.

[Jeanne Adil 1,651]

Children born of a USC are USC just need to do the paperwork

[mypcool 5]

2 minutes ago, Boiler said:

Give birth in the US?

Trust me we are thinking about it... We live about an hour from the border so... 

 

2 minutes ago, missileman said:

Be aware that your wife will have to prove legitimate domicile in the US during the process.  In addition, she will have to provide evidence of sufficient income after relocating or she will have to find a satisfactory joint sponsor......

We are good (hopefully) on the domicility as we have already made plans to move in a few months. This includes moving my job, her job, school applications for 3 kids, a place to live and many letters from friends and family. The only reason we may not move is that we MUST be there before the new school year and according to the data we may not get our interview until after its too late. (Am I mistaken on this?) 

[mypcool 5]

1 minute ago, adil-rafa said:

Children born of a USC are USC just need to do the paperwork

She never lived in the US and therefore cant just file for a birth abroad.

[Crazy Cat 39,226]

7 minutes ago, mypcool said:

Trust me we are thinking about it... We live about an hour from the border so... 

 

We are good (hopefully) on the domicility as we have already made plans to move in a few months. This includes moving my job, her job, school applications for 3 kids, a place to live and many letters from friends and family. The only reason we may not move is that we MUST be there before the new school year and according to the data we may not get our interview until after its too late. (Am I mistaken on this?) 

I-130 approved on 3/20/2019.....

NVC  processing complete in maybe June-July?

Interview in maybe September/October?  

It will be close, imo..........good luck.

 

[mypcool 5]

6 minutes ago, missileman said:

Interview in maybe September/October?  

It will be close, imo..........good luck.

And being due in September we may be messed up either way... 

 

Also do you think that we can be expedited for this reason? Not just the pregnancy, it would affect the schools, jobs and the pregnancy. 

Edited April 9, 2019 by mypcool
Added

[Boiler 43,433]

3 minutes ago, missileman said:

I-130 approved on 3/20/2019.....

NVC  processing complete in maybe June-July?

Interview in maybe September/October?  

It will be close, imo..........good luck.

 

Will the School accept entrants who are not in the Country yet? Must admit do not how that works.

 

I would mention that Canada is unusual in its treatment of Domicile, so I would be really focussed that somebody who has never lived in the US meets them.

 

Do you have a Joint Sponsor?

[mypcool 5]

2 minutes ago, Boiler said:

Will the School accept entrants who are not in the Country yet? Must admit do not how that works.

You are correct that it is a bit abnormal. It is a private school and we are working very closely with them to allow this. 

 

3 minutes ago, Boiler said:

Do you have a Joint Sponsor?

My wifes income is not sufficient but mine is and I have documentation that I can keep my job with the move. If need be I can get a joint sponsor but i do not think it will be necessary. (Unless I am missing something) 

[Boiler 43,433]

Just now, mypcool said:

You are correct that it is a bit abnormal. It is a private school and we are working very closely with them to allow this. 

 

My wifes income is not sufficient but mine is and I have documentation that I can keep my job with the move. If need be I can get a joint sponsor but i do not think it will be necessary. (Unless I am missing something) 

Hmmm, not sure ..., so you work for a Multinational that will transfer you? 

 

Perhaps the School will be flexible on admissions as nobody can tell you when you will get your Visa's.

 

 

[mypcool 5]

5 minutes ago, Boiler said:

Hmmm, not sure ..., so you work for a Multinational that will transfer you? 

Correct. I work in a room on a computer and phone all day so they dont mind where that room is located. (I joke that I am getting a headset shaped bald spot) 

 

5 minutes ago, Boiler said:

Perhaps the School will be flexible on admissions as nobody can tell you when you will get your Visa's.

They wont be happy but its more the fact that my children are youngish and i dont want them to miss 2 months potentially while waiting. Moving is a big issue for them in the first place, making them sit around for 2 months may be too much. 

 

The biggest issue is the baby timing

Edited April 9, 2019 by mypcool