Travel during pending immigrant visa / adding baby as beneficiary

[kahlibarbie 0]

I have an approved petition for a “IR1” (Spousal Visa) & I’m about to submit my fees to pay for the visa. I have not yet had my consulate interview but we are wanting to travel for the holidays (Nov) to see family.  What are my options?  Is there anyway we can do the interview in the United States?

 

Also during submitting the IR1 for my husband of May last year we had a baby and he was born in Jan 2019, I wrote a letter to add him as a beneficiary but never heard back, I spoke to the NVC and they said just to tell them at the interview that we wish to add him to the application? Anyone else gone through this?

  

[dwheels76 5,468]

47 minutes ago, kahlibarbie said:

I have an approved petition for a “IR1” (Spousal Visa) & I’m about to submit my fees to pay for the visa. I have not yet had my consulate interview but we are wanting to travel for the holidays (Nov) to see family.  What are my options?  Is there anyway we can do the interview in the United States?

 

Also during submitting the IR1 for my husband of May last year we had a baby and he was born in Jan 2019, I wrote a letter to add him as a beneficiary but never heard back, I spoke to the NVC and they said just to tell them at the interview that we wish to add him to the application? Anyone else gone through this?

  

No because there's no US Embassy in us. You must interview at your countries embassy. Who is the petitioner? Is the petitioner a citizen? Kind of confusing you saying you are paying the fee and your say the IR1 is for your husband but you just had a baby. That means you are the Citizen correct? Are you living in your husbands coountry? Where was the baby born?

[kahlibarbie 0]

32 minutes ago, dwheels76 said:

No because there's no US Embassy in us. You must interview at your countries embassy. Who is the petitioner? Is the petitioner a citizen? Kind of confusing you saying you are paying the fee and your say the IR1 is for your husband but you just had a baby. That means you are the Citizen correct? Are you living in your husbands coountry? Where was the baby born?

Hi, sorry for the confusion. 

Yes I am the US Citizen and we (my husband, baby &i) are all in Australia. The baby was born in Australia. I have dual citizenship with Australia and the US

[LilyJ 1,258]

27 minutes ago, kahlibarbie said:

Hi, sorry for the confusion. 

Yes I am the US Citizen and we (my husband, baby &i) are all in Australia. The baby was born in Australia. I have dual citizenship with Australia and the US

If you qualify for it, you need to do a CRBA for your child. If your child qualifies for American citizenship then the baby can not be petitioned for

[geowrian 22,337]

As noted above, if the child qualifies to derive citizenship from you (generally 5 years of physical presence in the US, 2 of which past age 14), then the CRBA process is what you need. They will get a US passport.

 

If you don't meet the requirements to pass citizenship, then:

1) The child needs their own passport and visa to visit the US.

2) No, you cannot come to the US with intent to stay/file for permanent residency. It would be fraudulent to use almost any non-immigrant visa to do so (certain work visas and special cases are exempt).

3) You would need to file an I-130 for the child. You cannot add them as a beneficiary to the existing I-130 since there are no derivatives allowed in the CR-1 or IR-1 category.

[pushbrk 12,975]

Do you qualify to pass US Citizenship to your child directly, through a Consular Report of Birth Abroad, CRBA.  If you do not, you will need to file a separate petition for the baby.  That could have been done 9 months ago.

[zochu 255]

It depends on how you acquired US citizenship as to whether your child can also get US citizenship.

 

Were you born in the US?