Pregnancy during DCF and other general DCF question.

[jj_154 0]

Hi,

I have a few more questions.

1. What happens if my wife becomes pregnant (not yet but thinking about it) during the DCF process. For example, on the I-130 it is required to list all children of my wife. What would happen if the child is born during the process? Are extra documents required?

2. I am still confused about the DCF process. If I understand correctly, first, we make an appointment to submit the I-130. At the appointment, we submit the I-130 and related documents. Then we go home and wait until contacted. Then after the I-130 is approved, we file the I-129F?? Is the I-129F the document to request the visa interview? So, after the I-129F is filed and approved, an interview date will be granted. Then if the interview is passed, we get the visa. Is this correct? I apologize, but the process is confusing me (and discouraging me).

Thanks,

John

[CarolynRitesh 0]

Hi,

I have a few more questions.

1. What happens if my wife becomes pregnant (not yet but thinking about it) during the DCF process. For example, on the I-130 it is required to list all children of my wife. What would happen if the child is born during the process? Are extra documents required?

2. I am still confused about the DCF process. If I understand correctly, first, we make an appointment to submit the I-130. At the appointment, we submit the I-130 and related documents. Then we go home and wait until contacted. Then after the I-130 is approved, we file the I-129F?? Is the I-129F the document to request the visa interview? So, after the I-129F is filed and approved, an interview date will be granted. Then if the interview is passed, we get the visa. Is this correct? I apologize, but the process is confusing me (and discouraging me).

Thanks,

John

I feel your pain John!

DCF does not include the I-129 part of the process and is usually faster than the K3 visa. I don't know where you are located, but there are certain requirements that must be met - in particular, residency in your wife's country. (It seems to be about 6 months for most places, and requires supporting documentation to prove the residency.)

You would not have to stay in the foreign country once the I-130 is approved, and could go to the US to set up a home, get a job, etc., or you could stay on (I have a work contract that is keeping me here in India anyway!)

Once the I-130 is approved, there is a whole different set of docs that have to be compiled and prepared, then the interview, then the visa - here, it seems to take about 3-4 months from start to finish (I-130 to visa in hand!), so I don't think you would have to worry about a pregnancy and birth in that time frame.

The I-130/DCF process is for an Immigrant Visa rather than a non-immigrant, and after looking at the options, we decided this one is best for us - fast, we don't have to go through Adjustment of Status in the US ($1,010!!!!), and my husband gets his green card right after we get to the US so he can work immediately!

Check the Embassy web-site for your location for more process details - they do NOT call it DCF, look under Immigrant Visas. Also, look in the Regional forums and search the DCF forum for more information on your location.

Good luck, keep us posted on what you decide to do and how it goes!

[Chica Yeyé 41]

If your wife gets pregnant, your baby will be a US citizen by birth, so you would go through the "Report of Birth Abroad" process for the baby - no need to file for a visa there.

[Chris Parker 11]

Hi,

I have a few more questions.

1. What happens if my wife becomes pregnant (not yet but thinking about it) during the DCF process. For example, on the I-130 it is required to list all children of my wife. What would happen if the child is born during the process? Are extra documents required?

1) If the baby is born before the immigrant visa is issued, and the other parent is not a U.S. citizen or a U.S. citizen without enough prior U.S. residence for the child to qualify as a U.S. citizen at birth, tell the consular officer at the interview, as the child may need a separate petition to be approved in order to get a visa (no derivative beneficiaries are allowed for immediate relative petitions) or for other petition types may be includeable as a derivative beneficiary. As previously stated, if the other parent is a U.S. citizen with enough prior U.S. residence, the child is a probably a U.S. citizen at birth and just needs to separately get a U.S. passport.

2) If the baby is born after the immigrant visa is issued, and the other parent is not a U.S. citizen or a U.S. citizen without enough prior U.S. residence for the child to qualify as a U.S. citizen at birth, the child does not need a visa and can be admitted for lawful permanent residence without an immigrant visa under INA 211(a) (every year, there are about 10 babies who enter that way, so it is pretty rare but does happen).

Edited February 21, 2008 by Chris Parker

[Chica Yeyé 41]

Hi,

I have a few more questions.

1. What happens if my wife becomes pregnant (not yet but thinking about it) during the DCF process. For example, on the I-130 it is required to list all children of my wife. What would happen if the child is born during the process? Are extra documents required?

1) If the baby is born before the immigrant visa is issued, and the other parent is not a U.S. citizen or a U.S. citizen without enough prior U.S. residence for the child to qualify as a U.S. citizen at birth, tell the consular officer at the interview, as the child may need a separate petition to be approved in order to get a visa (no derivative beneficiaries are allowed for immediate relative petitions) or for other petition types may be includeable as a derivative beneficiary. As previously stated, if the other parent is a U.S. citizen with enough prior U.S. residence, the child is a probably a U.S. citizen at birth and just needs to separately get a U.S. passport.

2) If the baby is born after the immigrant visa is issued, and the other parent is not a U.S. citizen or a U.S. citizen without enough prior U.S. residence for the child to qualify as a U.S. citizen at birth, the child does not need a visa and can be admitted for lawful permanent residence without an immigrant visa under INA 211(a) (every year, there are about 10 babies who enter that way, so it is pretty rare but does happen).

From what I read, the USC petitioner would be the father of the child, so a Report of Birth Abroad is all they need - but you do make good points mentioning the prior residence. Good info.

[Chris Parker 11]

From what I read, the USC petitioner would be the father of the child, so a Report of Birth Abroad is all they need - but you do make good points mentioning the prior residence. Good info.

Report of Birth Abroad and a U.S. Passport is what the child would need if the OP is a U.S. citizen with enough prior U.S. residence to transmit citizenship (and he is the father of the child).

Edited February 21, 2008 by Chris Parker

[jj_154 0]

Hi,

Thanks for all the responses. Just to clarify a few points.

I (the husband) am a U.S. citizen by birth (both parents U.S. citizens by birth too). I lived in the U.S. about 28 years and the last five years in Japan. So there is no residency requirements for me I think. The father of the child would be me and not someone else. My wife is not pregnant yet.

Actually, my question wasn't so much about the baby's status, but how the baby may affect my wife's visa application. For example, if we filed the I-864 before the baby was born, but the baby was born sometime during the process after that, then technically I would have one more dependent which might affect the financial support part of the process. Also, some documents require my wife list her children, so those would be inaccurate also after the birth of a child. My question was about how those kind of things might be affected by the birth of a child during the application process.

Carolyn: Thanks for the encouragement. If we could finish the process in under five months, that would be great (due to a possible but not confirmed job).

Thanks,

John

[Chris Parker 11]

Actually, my question wasn't so much about the baby's status, but how the baby may affect my wife's visa application. For example, if we filed the I-864 before the baby was born, but the baby was born sometime during the process after that, then technically I would have one more dependent which might affect the financial support part of the process. Also, some documents require my wife list her children, so those would be inaccurate also after the birth of a child. My question was about how those kind of things might be affected by the birth of a child during the application process.

Hi John,

Sorry for the misunderstanding.

The unborn child is evidence to help show that the marriage is bona fide, so I'd definitely not be afraid to bring that up at the interview and would bring the birth certificate with you! (which you'll need to bring with you to apply for the child's U.S. passport anyway) I don't think the affidavit of support would need to be updated unless the child is born before the interview, but the so long as your income is still sufficient for a larger household, it is just changing a number on the form during the interview. (if you income is very close, you might want to include assets on the form just in case you'll need those to cover the difference). Forms can be updated or corrected at the interview, especially for important changes that occurred subsequent to their original submission.

[jj_154 0]

Hi John,

Sorry for the misunderstanding.

The unborn child is evidence to help show that the marriage is bona fide, so I'd definitely not be afraid to bring that up at the interview and would bring the birth certificate with you! (which you'll need to bring with you to apply for the child's U.S. passport anyway) I don't think the affidavit of support would need to be updated unless the child is born before the interview, but the so long as your income is still sufficient for a larger household, it is just changing a number on the form during the interview. (if you income is very close, you might want to include assets on the form just in case you'll need those to cover the difference). Forms can be updated or corrected at the interview, especially for important changes that occurred subsequent to their original submission.

Chris,

That's good to know.

Although you touched on a separate issue, my income is not sufficient for the affidavit of support since it is all foreign income except for about 4k a year of interest/dividends income on my U.S. assets. On the other hand, between cash, stocks, and CD's I have well more than 3 times the poverty level (maybe close 8 times), so we are debating whether or not to get a family member to sponsor us (since it is a huge responsibility to saddle them with). Any ideas on how strict they are on trying to use assets instead of income?

Thanks,

John

[MargotDarko 0]

With assets, you need 3 times 125% of the poverty level for your household size. To be safe, I would work it out based on a household size of 3. All assets must have the ability to be turned to cash within one year without penalties that would lower the overall amount below the required amount. If you feel in doubt about it, and you have someone based in the US willing to be joint sponsor, having them fill out the forms for peace of mind at the interview is a good idea.

[Chris Parker 11]

Although you touched on a separate issue, my income is not sufficient for the affidavit of support since it is all foreign income except for about 4k a year of interest/dividends income on my U.S. assets. On the other hand, between cash, stocks, and CD's I have well more than 3 times the poverty level (maybe close 8 times), so we are debating whether or not to get a family member to sponsor us (since it is a huge responsibility to saddle them with). Any ideas on how strict they are on trying to use assets instead of income?

Accurate valuation is the trick with using assets. However, assets like cash, stocks, and CD's are very easy to value. If you have so much, I'd use them rather than getting a family member to be jointly and severally liable with you under the affidavit of support. But you can get a joint sponsor too.

[The Robinsons 0]

I agree that you might have to work with the household of 3. I know for sure that it requires some extra work (or money) because at the appointment where you file the I-130 they will ask your wife if she is pregnant.