TheRealest

hi

why didn't he file for crba when the child was born? the child could already be a USC and should have traveled on a US passport

My fiance just recently got his USC via naturalization and was not a USC at the time the child was born.

My fiance, a USC, and I are about to get married. We have a 1 year old child together and both the child and I are here in the US with valid I94s. We read the guide Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US which is very helpful, however, we are not sure how if a separate petition should be done for the child.

So my questions are:

1. Is a separate petition needed for our 1 year old child?

2. What forms would not apply to a 1 year old child?

I have been travelling back and forth to US for years. I came to the US with my 1 year old child in November 2014 to spend Thanksgiving with my fiance. My fiance applied for his citizenship in July 2014 and while visiting for Thanksgiving we decided that we would just wait on his citizenship, get married and do an adjustment of status to become permanent residents for both me and my child. However, the citizenship application is taking a little longer than expected, my fiance has just been placed in line for oath ceremony and my I94 expres in 2 weeks. My question is what are my options at this point if the oath ceremony is scheduled after my i94 expires?

Any help will be greatly appreciated.