I-130 for my wife with unborn baby

[matt0424 0]

long story short, i am U.S. citizen. i got married in the beginning of this month in china. and we went on honeymoon. and i just found out yesterday that my wife is pregnant. here is the question. i am filing i-130 for my wife. i didn't submit that yet. before i send out all the paperwork, i want to know if i need to file additional paperwork for my unborn baby?? please let me know.

Edited September 28, 2009 by matt0424

[Dakine 26]

long story short, i am U.S. citizen. i got married in the beginning of this month in china. and we went on honeymoon. and i just found out yesterday that my wife is pregnant. here is the question. i am filing i-130 for my wife. i didn't submit that yet. before i send out all the paperwork, i want to know if i need to file additional paperwork for my unborn baby?? please let me know.

Get prepared to have your wife file a CRBA for the child at the embassy in China.

[Stephen + Elisha 92]

OP is married, thus ineligible for K-1 process - moving to IR-1/CR-1 Process and Procedures forum...

[newlyweds2010 208]

long story short, i am U.S. citizen. i got married in the beginning of this month in china. and we went on honeymoon. and i just found out yesterday that my wife is pregnant. here is the question. i am filing i-130 for my wife. i didn't submit that yet. before i send out all the paperwork, i want to know if i need to file additional paperwork for my unborn baby?? please let me know.

how could you file for someone who wasn't born yet?

plus, your baby will be a US citizen no matter where s/he's born, as long as you comply with the following rules:

http://travel.state.gov/law/info/overseas/overseas_703.html

http://travel.state.gov/law/info/info_609.html

anyway, CONGRATULATIONS!!!!

[matt0424 0]

long story short, i am U.S. citizen. i got married in the beginning of this month in china. and we went on honeymoon. and i just found out yesterday that my wife is pregnant. here is the question. i am filing i-130 for my wife. i didn't submit that yet. before i send out all the paperwork, i want to know if i need to file additional paperwork for my unborn baby?? please let me know.

Get prepared to have your wife file a CRBA for the child at the embassy in China.

can you please tell me what is CRBA?? i am new here. please point me to right direction.

thanks alot

[Penguin_ie 5,997]

CRBA is Consular Record of Birth Abroad- basically, your child is a US citizen by birth if you as USC meet certain criteria. Once baby is born, your wife can go get a consular birth cert and US passport for him/ her at the embassy. It can take a few weeks, but not too long, and if you file the spousal visa for your wife now, it should be ready for approval shortly after the birth too.

Congrats btw!

[Darnell 8,479]

CRBA - Consular Report of Birth Abroad. It's a form ya file if the baby is born outside of the USA , with one of the parents being a USC.

If the baby is born in China, he/she will need this CRBA, a USA passport, and a China Exit Stamp (method to get this stamp varied by city ).

since things take a long time for China/GUZ CR-1 processing - I ALSO SUGGEST:

1. when the casefile is at NVC, request expedite on everything you submit, have a nice form letter.

2. then the casefile is at GUZ - call DOS and request expedite ..

If you'd like some China-Specific help, come visit over at http://www.chinafamilyvisa.com/

[Darnell 8,479]

CRBA - Consular Report of Birth Abroad. It's a form ya file if the baby is born outside of the USA , at a US Consulate (for you, in China ) with one of the parents being a USC.

If the baby is born in China, he/she will need this CRBA, a USA passport (issuable at a US Consulate) , and a China Exit Stamp (method to get this stamp varied by city , usually issed by the China Government).

since things take a long time for China/GUZ CR-1 processing - I ALSO SUGGEST:

1. when the casefile is at NVC, request expedite on everything you submit, have a nice form letter.

2. when the casefile is at GUZ - call DOS and request expedite ..

If you'd like some China-Specific help, come visit over at http://www.chinafamilyvisa.com/

sequence -

File I-130 to Lockbox in Chicago

Receive NOA-1

Receive NOA-2

Case is forwarded to NVC

NVC - further paperwork processing and document colletion

NVC sends casefile to GUZ

GUZ opens casefile

GUZ send outs P4 and appointment letter to spouse.

Look at the Guides here for the I-130 - if you get stuck - hey - come back and ask...

and

YOU BE LUCKY MAN - as GUZ is one of the US Consulates that allows for electornic processing at NVC for that 'NVC processing', which in TURN, gets a really fast interview date (usually within a month of the casefile leaving NVC ).

ok ok - you be a lucky man as well - as she pregnant. WHOOP!

[ao_cons 1]

What if the child will be born Stateside?

[Arun+Catie 1]

your baby would be a US Citizen, so don't worry.

[trinket 30]

What if the child will be born Stateside?

Then CRBA is not required. It is only for children born overseas. OP might want to have his wife give birth to the baby in China depending upon how long it takes for the visa process. Two reasons---- Long plane travel is excruciating for a pregnant woman, and secondly he will not be able to add his pregnant wife to health insurance as pregnancy is seen as preexisting condition.

[celiothrkn 0]

First and foremost, congratulations!

There are pro's and con's to this argument you'd have to consider.

First, after your wife receives the K3 or CR1, you have some time to get to the US (2 years?). Luckily you're not a K1 filer because they have to get to the US in 6 months.

If your wife delivers the baby in China, you, your wife, and the baby will have to show up at the nearest US Embassy / Consulate to file for a CRBA. It's not difficult, but if you're working in the US, it'll still cost you a plane ticket.

Also keep in mind Chinese women who deliver have to go through a "healing period" called Yuezi (月子). You can ask your wife about that. During Yuezi, they are not allowed to leave the house. So don't expect her to deliver and then immediately get on a plane.

Of course, if you deliver in China, the total cost of delivery will be much lower. We paid something like 10,000 RMB for the hospital fee & doctor's "red pocket." Keep in mind red pockets are common practice at hospitals in China. Again, your wife can tell you more about that.

[FinnLove 0]

I thought it was six months for CR-1 also.

[trinket 30]

First and foremost, congratulations!

There are pro's and con's to this argument you'd have to consider.

First, after your wife receives the K3 or CR1, you have some time to get to the US (2 years?). Luckily you're not a K1 filer because they have to get to the US in 6 months.

If your wife delivers the baby in China, you, your wife, and the baby will have to show up at the nearest US Embassy / Consulate to file for a CRBA. It's not difficult, but if you're working in the US, it'll still cost you a plane ticket.

Also keep in mind Chinese women who deliver have to go through a "healing period" called Yuezi (月子). You can ask your wife about that. During Yuezi, they are not allowed to leave the house. So don't expect her to deliver and then immediately get on a plane.

Of course, if you deliver in China, the total cost of delivery will be much lower. We paid something like 10,000 RMB for the hospital fee & doctor's "red pocket." Keep in mind red pockets are common practice at hospitals in China. Again, your wife can tell you more about that.

Please don't give out wrong informations. She will have only 6 months to enter USA once she receives her visa.

[matt0424 0]

long story short, i am U.S. citizen. i got married in the beginning of this month in china. and we went on honeymoon. and i just found out yesterday that my wife is pregnant. here is the question. i am filing i-130 for my wife. i didn't submit that yet. before i send out all the paperwork, i want to know if i need to file additional paperwork for my unborn baby?? please let me know.

how could you file for someone who wasn't born yet?

plus, your baby will be a US citizen no matter where s/he's born, as long as you comply with the following rules:

http://travel.state.gov/law/info/overseas/overseas_703.html

http://travel.state.gov/law/info/info_609.html

anyway, CONGRATULATIONS!!!!

thanks for ur help.

but where can i get the fs-240 form?