Child born while I 130 is pending (merged threads)

[pankaj330 0]

Hello All,

 

When I was permanent resident I applied I-130 for my wife who lives in india on May 20, 2021.

 

On jan 2, 2022 my wife gave a birth to our child and I-130 was also pending at that time.

I ask uscis to add my new born child to my spouse petition as I was green card holder at that time

 

 

But Situation get complicated when I became US citizen on May 20 ,2022 and  my wife I-130 is still pending and I already asked uscis to upgrade my spouse I -130 petition from LPR to US citizen.

 

But now question is this do I need to file separate I-130 for my child as I become US citizen? If it is so then how would my child and spouse come together in usa as there will be more one year difference between I-130 applications as my spouse is very close to the approval.

 

Even I was reading a-lot about it,  but didn’t find any solution  to it. Somebody suggested me to wait for your wife approval and then when your case reaches to the nvc at that time you can add your child.

 

 

Edited June 7, 2022 by pankaj330

[arken 4,197]

9 minutes ago, pankaj330 said:

this do I need to file separate I-130 for my child as i become US citizen? I

Yes.

 

During NVC stage, you can delay your wife's case by delaying submitting documents till your child's case goes to NVC. Thereafter you can have both processed to have interview together.

 

Edited June 7, 2022 by arken

[pankaj330 0]

Arken,

 

If I do so then it will delayed my wife case for 2 more years as uscis are taking lot of time to give a approval on I-130 and top of that nvc issues welcome letter after 2-3 months.

I cannot hold my wife case until my child case get approved from uscis

[Crazy Cat 41,980]

19 minutes ago, pankaj330 said:

But now question is this do I need to file separate I-130 for my child as I become US citizen?

Yes.  Submit the I-130 for the child, ask for an expedite, and delay your spouse's case at NVC until the child's case arrives there.

[Crazy Cat 41,980]

4 minutes ago, pankaj330 said:

I cannot hold my wife case until my child case get approved from uscis

Then, I guess she will come alone.  Delaying your wife's case (and asking for an expedite for the child)  at NVC is the only option for them immigrating together.   They are two separate cases.

Edited June 8, 2022 by Crazy Cat

[pankaj330 0]

Crazy cat,

I will let nvc know to add my child once my spouse case reaches to nvc.

 

FYI,

 

See the below link and as there are attorneys talking about it to let nvc know once spouse case reaches to nvc

 

https://www.avvo.com/legal-answers/how-to-add-a-new-born-to-a-pending-i-130-petition--2860511.html

Edited June 8, 2022 by pankaj330

[pankaj330 0]

How to add a new born to a pending I-130 petition for the spouse of a USC?

FYI, 

 

Spouse and new born lives in abroad and I initially applied for my spouse as lawful permanent resident and later get my citizenship.

 

Note : I was not a citizen when my child was born so there no chance to apply CRBA

[JeanneAdil 6,554]

You file a I 130 as the child needs a separate petition now that u r a citizen

[pankaj330 0]

Once my spouse petition  get approved and case reaches to the nvc then i can ask nvc to add it on ceac website or i can add by myself on ceac website. As far as I know you can add beneficiary at the time consular processing 

 

Below see screeshot where we can add new applicant.

[Boiler 45,659]

No beneficiaries in the case, separate petition.

[Ryan H 3,812]

~~~Similar topics merged~~~

[SteveInBostonI130 3,467]

8 hours ago, pankaj330 said:

Once my spouse petition  get approved and case reaches to the nvc then i can ask nvc to add it on ceac website or i can add by myself on ceac website. As far as I know you can add beneficiary at the time consular processing 

 

Below see screeshot where we can add new applicant.

 

You already contacted USCIS to upgrade your wife's petition from F2A to CR1/IR1.  No derivatives are allowed for CR1/IR1.  The child needs a separate petition.

[nastra30 2,288]

 

8 hours ago, pankaj330 said:

Once my spouse petition  get approved and case reaches to the nvc then i can ask nvc to add it on ceac website or i can add by myself on ceac website. As far as I know you can add beneficiary at the time consular processing 

 

Below see screeshot where we can add new applicant.

Adding and actually getting the visa are two separate things. Your child will not get a visa until their separate I-130 case is approved and interviewed. There are no derivatives for immediate relatives of US Citizens. Do as others have recommended, hold your spouse's case at NVC until your child's case catches up and then request NVC to schedule the interviews together. On the plus side, if you've lived in the US for at least 5 years, your child will automatically become a US citizen upon arriving in the US when that time comes.

Edited June 8, 2022 by nastra30

[nastra30 2,288]

7 minutes ago, SteveInBostonI130 said:

 

You already contacted USCIS to upgrade your wife's petition from F2A to CR1/IR1.  No derivatives are allowed for CR1/IR1.  The child needs a separate petition.

I think even if they hadn't contacted USCIS, it still wouldn't have changed anything. As soon as they became a US citizen, the new child also automatically became an immediate relative of USC and therefore a separate I-130 required.

Edited June 8, 2022 by nastra30

[arken 4,197]

11 hours ago, pankaj330 said:

Arken,

 

If I do so then it will delayed my wife case for 2 more years as uscis are taking lot of time to give a approval on I-130 and top of that nvc issues welcome letter after 2-3 months.

I cannot hold my wife case until my child case get approved from uscis

You can hold your wife's case till uscis sends your child's case to NVC. If you can't because your wife wants to be with you asap, then she has to leave the child behind.

 

9 hours ago, pankaj330 said:

Once my spouse petition  get approved and case reaches to the nvc then i can ask nvc to add it on ceac website or i can add by myself on ceac website. As far as I know you can add beneficiary at the time consular processing 

 

Below see screeshot where we can add new applicant.

That would have been possible if you were still a GC holder. If you do that, your child will be denied at the visa interview and your wife's will be approved. Once her visa is issued, she has to immigrate within the validity of the visa while leaving the child. Better to delay at NVC phase.