Child of a USC

[Benny84 1]

I just had my wife’s I130 approved, but she had a baby before the approval, can I also apply for a visa for the baby?

[milimelo 4,193]

If you’re a USC, do you qualify to pass citizenship to the child? Is it your child? When did you get your citizenship? 

[Mieka91 27]

Yes, your child qualifies for citizenship but there is a process. 

And they will likely ask for DNA tests to prove you’re the father. 

[Amadia 711]

1 hour ago, Benny84 said:

I just had my wife’s I130 approved, but she had a baby before the approval, can I also apply for a visa for the baby?

It depends.

Are you a naturalized citizen or are you a permanent resident? 

If you are a permanent resident then any child born to your spouse before she is admitted to the U.S. can get a visa along with the rest of the family, without another I-130 and without any extra wait. When it’s time for her to apply for the visas at the U.S. embassy or consulate, she can apply on behalf of the child, showing proof of the birth and the I-130 approval at the interview. 

On the other hand, if you're a naturalized U.S. citizen then she just takes proof of the birth to her consulate interview. If she gets approved and upon her entry to the U.S., you can then apply for your baby's U.S. passport since the baby would obtain naturalization through you. 

[Benny84 1]

On 6/22/2019 at 3:53 AM, Amadia said:

It depends.

Are you a naturalized citizen or are you a permanent resident? 

If you are a permanent resident then any child born to your spouse before she is admitted to the U.S. can get a visa along with the rest of the family, without another I-130 and without any extra wait. When it’s time for her to apply for the visas at the U.S. embassy or consulate, she can apply on behalf of the child, showing proof of the birth and the I-130 approval at the interview. 

On the other hand, if you're a naturalized U.S. citizen then she just takes proof of the birth to her consulate interview. If she gets approved and upon her entry to the U.S., you can then apply for your baby's U.S. passport since the baby would obtain naturalization through you. 

The baby can’t obtain naturalization through me, I did not meet the minimum of five years stay in the US.

[Benny84 1]

On 6/22/2019 at 2:19 AM, milimelo said:

If you’re a USC, do you qualify to pass citizenship to the child? Is it your child? When did you get your citizenship? 

No I do not qualify to pass citizenship, I did not meet the minimum of 5 years stay in the US.

[Amadia 711]

2 minutes ago, Benny84 said:

The baby can’t obtain naturalization through me, I did not meet the minimum of five years stay in the US.

Alright, well the other part of my answer would apply to the situation:

 If you are a permanent resident then any child born to your spouse before she is admitted to the U.S. can get a visa along with the rest of the family, without another I-130 and without any extra wait. When it’s time for her to apply for the visas at the U.S. embassy or consulate, she can apply on behalf of the child, showing proof of the birth and the I-130 approval at the interview. 

[Benny84 1]

1 minute ago, Amadia said:

Alright, well the other part of my answer would apply to the situation:

 If you are a permanent resident then any child born to your spouse before she is admitted to the U.S. can get a visa along with the rest of the family, without another I-130 and without any extra wait. When it’s time for her to apply for the visas at the U.S. embassy or consulate, she can apply on behalf of the child, showing proof of the birth and the I-130 approval at the interview. 

I’m a US citizen serving in the military but I do not have the required 5 years stay in the US. My wife had our baby in January and the I130 was approved in May.

[Amadia 711]

1 minute ago, Benny84 said:

I’m a US citizen serving in the military

When did you get US citizenship? Are you serving in the US Armed Forces?

[Benny84 1]

Just now, Amadia said:

When did you get US citizenship? Are you serving in the US Armed Forces?

I got my citizenship in June 2018, and yes I’m serving in the US Army, station in fort Bliss and have an Order to Korea and my report date is November 20th.

[Amadia 711]

This link should answer all your concerns regarding your family  

 

https://www.nolo.com/legal-encyclopedia/us-immigration-rules-military-family-members-46710.html