Adding my Daughter to my Wife's I-130

[Hugh G 5]

Hello All,

 

I made an I-130 petition on behalf of my wife, NOA 1 was August 10 2018. I am hopeful of getting through Nebraska imminently (fingers crossed!).

 

My daughter was born October 2018 in Ireland and we received her Irish passport a number of months later.  I had been laboring under a number of misapprehensions in relation to how my daughter could be brought to the US since that point.  Rather than listing all the mistakes I made, could anyone explain if it is possible to add my daughter to my wife's I-130 petition as a derivative child and whether it should be done prior to I-130 approval in Nebraska or at the NVC stage? I have seen a lot of conflicting online advice and no real step by step of how to make this change to my wife's petition.

 

Any and all help is greatly appreciated.

 

HG

[Boiler 43,434]

First thing is your daughter a USC?

[milimelo 4,202]

If you’re an LPR, yes the daughter can also get a visa with her mom. 

 

If you’re a USC and can’t pass citizenship to your daughter you have to file another I-130. 

[aaron2020 11,651]

Sorry, derivative beneficiaries are not allowed when a US citizen petitions for a spouse.  Your daughter can not be added to your wife's case.

 

If your child qualifies to derive US citizenship from a USC parent, then you need to file for a CRBA.

 

If your child does not qualify to derive US citizenship from a USC parent, then you need to file a separate I-130 for your child.

[Hugh G 5]

Hi everyone - thanks for your replies.

 

Some more info:

 

I am a USC born abroad to a USC.  My wife is an Irish citizen. My daughter was born in Ireland and is an Irish citizen only (today).  We do not meet the residency requirements to get automatic US citizenship for my daughter, although I understand that we can make a N600k application (based on my own father's meeting of the residency requirements) if we did not have immigrant intent which I assume is impossible given that my wife has an open I130 petition.

 

I had read here https://www.justia.com/immigration/marriage-family-based-petitions/adding-children-after-i-130-approval/ and here https://www.nolo.com/legal-encyclopedia/your-relative-had-children-after-i-130-approved-can-they-immigrate-too.html that adding derivative children is possible, but perhaps the information is not detailed enough... or just wrong?

 

If I have to wait for an entire I130 process for my daughter now I am probably going to lose my job in the US... very worrying. Anyone able to provide some certainty?

 

Much obliged.

 

HG

 

[milimelo 4,202]

I-130 needed. You can try expediting once you have receipt. Slow down your wife’s case so they can be both processed together. 

 

Only certainty I can give you is that it’s very normal for spouses and children to be separated while immigration process goes through. Wife and child can visit until immigration visas in hands (subject to ESTA rules). 

[aaron2020 11,651]

7 minutes ago, Hugh G said:

Hi everyone - thanks for your replies.

 

Some more info:

 

I am a USC born abroad to a USC.  My wife is an Irish citizen. My daughter was born in Ireland and is an Irish citizen only (today).  We do not meet the residency requirements to get automatic US citizenship for my daughter, although I understand that we can make a N600k application (based on my own father's meeting of the residency requirements) if we did not have immigrant intent which I assume is impossible given that my wife has an open I130 petition.

 

I had read here https://www.justia.com/immigration/marriage-family-based-petitions/adding-children-after-i-130-approval/ and here https://www.nolo.com/legal-encyclopedia/your-relative-had-children-after-i-130-approved-can-they-immigrate-too.html that adding derivative children is possible, but perhaps the information is not detailed enough... or just wrong?

 

If I have to wait for an entire I130 process for my daughter now I am probably going to lose my job in the US... very worrying. Anyone able to provide some certainty?

 

Much obliged.

 

HG

 

Those are general rules that does not apply to every immigration case.

 

You need to file a separate I-130 for your child.  Include a photocopy of the NOA1 from your wife's case and ask for an expedite.  THIS IS YOUR ONLY PATH.

 

[Boiler 43,434]

You are not a foreign national so they need to be individually petitioned.

[Hugh G 5]

Thank you all very much for your replies.

[pushbrk 12,110]

3 hours ago, Hugh G said:

 

 

If I have to wait for an entire I130 process for my daughter now I am probably going to lose my job in the US... very worrying. Anyone able to provide some certainty?

 

 

 

It is your wife and daughter who must wait.  You can come to the US and accept or continue a job at any time.  You are hearing from members of Visa Journey.  Most of us were separated during most or all of our spouse's visa processes.  It is what it is.

 

You must file an I-130 for the child.  Do it now.  You are many months late in asking these questions.  

[Hugh G 5]

@Pushbrk - thank you for stating the very obvious.  I feel much better now that you have scolded me.