rudyzn

Hypnos,

No, I believe you are correct. We cannot use a baby transportation letter since my wife is not yet an LPR (she has not yet entered the US in order to "activate" her green card). Double checking with the embassy is nearly impossible. I sent an email one day (after my wife's interview) regarding this matter, they never replied... Oh well....

I don't believe a baby transportation letter can be used in this instance since the OP's wife is not yet an LPR. If she had entered the US, activated her immigrant visa, obtained her green card, departed temporarily and then gave birth abroad then that would work, but since she is not yet an LPR then I don't think this qualifies.

It might be worth double-checking with the embassy though, since if somehow you were able to qualify for such a letter than the child would become an LPR immediately upon entry, and then would become a US citizen under the Child Citizenship Act, also.

Hello Mark88,

Thank you for your kind words.

I had already read your story a couple of months ago while browsing the forums here on VJ.

Yours is definitely one to highlight!!

It does also confirm the bizarre situations in which some US citizens/permanent residents can en up in when bringing familiy members to the US.

Unfortunately for us, I believe your specific case does not apply for my baby's situation (but your post was super helpful and informative).

I think our best shot is to get my baby's USCIS and NVC cases expedited. It's been 20 days and no answer...

We did not do Consular fyling, no longer possible after 2012....

Wish me luck and thanks again

I think you should be fine. If you did DCF in France and all paperwork was correct, this should be processed in about 12 weeks total. You never know with USCIS though...

Your child might qualify for a "NA-3 Baby" visa. This visa is actually issued from the embassy through your wifes status. I would get intouch and even send them this document, since it seems this process is not too common in Europe: http://imgur.com/srhWSt5

If it worksout, you don't even need to wait for the I-130 to be approved. But as I mentioned, I'm not sure on this.

We had a similar situation, maybe reading this post will help you:

http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

Hello everyone,

Mine is, I think, an uncommon case. Wanted to see if it sounded familiar to someone out there:

I am a US Citizen, 31 years old, but have not lived more than 5 years of my life in the US. Therefore, I CANNOT automatically transmit citizenship to my child.

However, after filing I-130 petition and NVC procedure (and embassy -we are filing from France), and after entering the US as a permanent resident immigrant, then and only then does my child automatically receive US Citizenship.

I filed for my little baby shortly after her being born, her priority date is June 10, 2013.

My wife (mother of said baby) was in the process of obtaining her green card when she gave birth. On July 25, she got her green card after succesfull interview at US Embassy in Paris. She has to enter the US by 23 January 2014, or the Visa expires.

Let's sum up:

Me: USC

Wife: French Citizen with Green Card on passport, expiry date January 24, 2014

Baby: French Citizen with pending I-130 petition (Expedite requested 20 days ago, no news since)

Has anybody else been in a similar situation? I am freaking out because of the January 23, 2014 deadline on my wife's green card. We cannot (she cannot) leave our baby behind while the lengthy USCIS/NVC procedure goes on (and on..).

Any advice would be greatly appreciated

Rudy

hope we get NOA2 soon! i am returning to L.A later this month. are you in U.S already?

Hey! Wish you guys the same.

No, we are still in France. Waiting for my child's file to move forward.

Hopefully by the end of the year we will be in the US (positive thinking).

thank you for this info! I live in France with my husband and we filed from france, so in this statement, it takes 60days. keep fingers crossed!

Hello Mimistar44! We are filing from France as well. Our Priority dates are days apart.

Will follow your timeline closely!!

Bon dimanche

Hello to all fellow immigrants/sponsors!

+1 June filer: Priority date June 10, 2013

Here is our story:

I, USC, submitted an I-130 for my wife on April 2012. In July 25, 2013, she was granted her green card after a successful interview with CO at US Embassy Paris.

BUT.......

During the immigration process, she gave birth to our child (on May 29, 2013). I cannot automatically transmit citizenship to my child since I have not lived more than 5 years in the US. I then submitted another I-130 for my baby girl on May 31. Her priority date is June 10, 2013.

On July 30 2013, I called the USCIS and requested an expedite procedure, since my wife HAS to enter the US before January 25, 2014 (or her Green Card will expire). Got to talk to a supervisor after the first operator was unable to process my request.

Supervisor was unfriendly to say the least. She did however take my request for consideration, and said that I would be getting news of my request through email.

It's been over 2 weeks and nothing... should I call them back? What's the best way to talk to a competent person?

Thank you all for your support and feedback. It feels good knowing that you are not alone in this JOURNEY. STAY STRONG!