CRBA , I130 for New born or Visit Visa

[anjum123 18]

Hi All,

 

I got US citizenship on 7th Jan 2022 and my wife delivered the baby on 8th Jan 2022. My wife's case is still at NVC with (DQ) and waiting to send to the consulate for an interview.

I have already sent an email to ASK NVC to upgrade my wife's petition from F2A to IR1.

 

Now my question is how do I bring my child with my wife? 

 

I did some research and found that CRBA is one of the options but seems like I am not eligible because my total physical presence in the USA is 4 Years 7 months, which is short of 5 years to accomplish transmitting requirements but my continuous residence is almost 5.5 years.

 

If CRBA is not an option then do I need to apply for i130 for my child? If yes then what documents that I need to provide with the petition and also does its need to go to the same procedure as NVC (i864, DS260, DQ, Interview wait)  after USCIS approval? 

 

If yes then how do I update USCIS that her mother's case is only pending for an Interview and no one in my local country can take care of my child so I want to bring my child with my wife?

 

Please don't give me this option that my wife will wait for an interview there till my child's case got completed because it is going to be painful for my life. I don't want to wait 3 more years to be lived this stressful and depressing situation. Already resigned 2 times from the job in two and a half years the period after filing for my spouse because it is super painful to live apart without my wife and I am also very much in stress about the financial stuff.

I Went to the doctor multiple times with some stress and high blood pressure issues and they did many blood tests, x-rays, ultrasounds ct scans, endoscopy and finally, the doctor realized its because of stress and depression and told me to go to your local country and live with your wife. The doctor also helped me to file FMLA to not lose the job but unfortunately, after 3 months FMLA expired and my condition had not in a position at that time to leave the wife and come back to the USA so the doctor advised me to not leave till your health went better but for living expenses, I moved back to the USA but now I again not feeling better and already schedule my flight to see my daughter.

 

Now, I don't want to get again all this pain for my child's case?

 

Please help me with your suggestions and the best options that I need to take here.

 

Thank You,

 

[JeanneAdil 6,191]

you may want to consult with an immigration attorney and explain this"

 my total physical presence in the USA is 4 Years 7 months, which is short of 5 years to accomplish transmitting requirements but my continuous residence is almost 5.5 years.

as it does not make sense

Edited January 9, 2022 by JeanneAdil

[arken 4,197]

1 hour ago, anjum123 said:

Please don't give me this option that my wife will wait for an interview there till my child's case got completed because it is going to be painful for my life

If you had remained a GC holder, your wife and newborn could have immigrated without a new petition. Now that you became the USC and you are ineligible to transmit the citizenship, you need to file a new i130 for your newborn. The process and steps are same that you went thru for your wife. You may request for expedite not sure if they approve.

 

Your wife doesn't need to wait for the interview till your child's new petition goes to interview, however, if she doesn't do that and gets the immigrant visa soon, she has to enter US within the validity of visa leaving the child behind.

Edited January 9, 2022 by arken

[iwannaplay54 985]

1 hour ago, JeanneAdil said:

you may want to consult with an immigration attorney and explain this"

 my total physical presence in the USA is 4 Years 7 months, which is short of 5 years to accomplish transmitting requirements but my continuous residence is almost 5.5 years.

as it does not make sense

OP advised he has been traveling to stay with his wife.

So many mistakes on this case ☹️

[JeanneAdil 6,191]

1 minute ago, iwannaplay54 said:

OP advised he has been traveling to stay with his wife.

So many mistakes on this case ☹️

yeah ,,  i read that but OP seems to be confused about physical and continuous residency

[milimelo 4,194]

So you knew what effect getting the citizenship will mean for your baby and instead of postponing oath ceremony you went ahead with it and now complain about wait time?

 

 

[iwannaplay54 985]

36 minutes ago, JeanneAdil said:

yeah ,,  i read that but OP seems to be confused about physical and continuous residency

We had a kiddo overseas while I was Ex-patting.  They made me show proof of 5+ years of physical presence in the US and I was born and grew up here.  I believe he’s correct, he does not meet the requirements under any circumstance, not with <5 years physical presence and that’s even if he’s a born citizen.

 

 

https://fam.state.gov/fam/09FAM/09FAM050201.html

 

“Affect on derivative status” implies OP has to file a new I130 for the child and wait for it to be processed.

 

Just wow.  Big lesson for others here.

Edited January 9, 2022 by iwannaplay54

[anjum123 18]

18 hours ago, JeanneAdil said:

you may want to consult with an immigration attorney and explain this"

 my total physical presence in the USA is 4 Years 7 months, which is short of 5 years to accomplish transmitting requirements but my continuous residence is almost 5.5 years.

as it does not make sense

Thanks for your suggestion to contact to Immigration Lawyer. By the way, I did some research on the internet and found that Continuous Residency and Physical Presence are two separate entities. Continuous Residency works only for Naturalization and Physical Presence works only for CRBA.

 

[anjum123 18]

17 hours ago, arken said:

If you had remained a GC holder, your wife and newborn could have immigrated without a new petition. Now that you became the USC and you are ineligible to transmit the citizenship, you need to file a new i130 for your newborn. The process and steps are same that you went thru for your wife. You may request for expedite not sure if they approve.

 

Your wife doesn't need to wait for the interview till your child's new petition goes to interview, however, if she doesn't do that and gets the immigrant visa soon, she has to enter US within the validity of visa leaving the child behind.

Thanks for your analyzing but that is not worthful because nowadays it takes 4 years to get an interview letter from Islamabad Embassy for the F2A category. I read in so many different forums that people who applied in June 2018 recently got their interview letter from the Islamabad embassy. But for the IR1 category, the process is faster and that is the reason I proceed and now have US citizenship.

[anjum123 18]

16 hours ago, iwannaplay54 said:

OP advised he has been traveling to stay with his wife.

So many mistakes on this case ☹️

Could you elaborate it more on the mistakes that you found in the case?

[anjum123 18]

16 hours ago, JeanneAdil said:

yeah ,,  i read that but OP seems to be confused about physical and continuous residency

Yeah, I was confused before but now I got the answer from the internet. The only way to bring my child with my wife is to file her visit visa or file i130 with expediting request.

[anjum123 18]

16 hours ago, milimelo said:

So you knew what effect getting the citizenship will mean for your baby and instead of postponing oath ceremony you went ahead with it and now complain about wait time?

 

 

The problem in the F2A category is wait time which is farther than IR1. Even if I file the i130 for my child today that will work a little faster compared to the F2A category. Because in the F2A category even my child add as derivative of my wife's case but she needs to wait two more years because her case recently Documentarily qualified and nowadays it takes 2.5 years to receive the interview letter after DQ in F2A category. 

[anjum123 18]

16 hours ago, iwannaplay54 said:

We had a kiddo overseas while I was Ex-patting.  They made me show proof of 5+ years of physical presence in the US and I was born and grew up here.  I believe he’s correct, he does not meet the requirements under any circumstance, not with <5 years physical presence and that’s even if he’s a born citizen.

 

 

https://fam.state.gov/fam/09FAM/09FAM050201.html

 

“Affect on derivative status” implies OP has to file a new I130 for the child and wait for it to be processed.

 

Just wow.  Big lesson for others here.

Would it be possible if I file i130 for my child today with an expedited request and wait for my wife's interview, once she got her visa I apply for my child's visit visa so that they can both travel together? The reason that I don't want to leave my baby behind is that no one in my country can take care of my baby.

[iwannaplay54 985]

2 hours ago, anjum123 said:

Would it be possible if I file i130 for my child today with an expedited request and wait for my wife's interview, once she got her visa I apply for my child's visit visa so that they can both travel together? The reason that I don't want to leave my baby behind is that no one in my country can take care of my baby.

That’s what I would suggest