Gave birth while waiting for PD to become current

[sammy121410 1]

hello!

Here is my story, my PD is May 2009. Case has been completed September 2010 and was received interview date for December 16, 2010. Then I had my medical last November. However, due to sputum test in st lukes i need to wait for 8 weeks for my medical to be release (thank God everything is okay), in short it was release last January and because there is retrogression they cancelled my Interview and say I need to wait for my PD to become current again.

I gave birth last December 14, 2010. Our case is no longer in NVC but already forwarded to Manila US Embassy. Waiting for may 2009 PD to become current. Now my question is can I take my 7 months old son in case I got a visa? My husband is LPR.

Thanks for all your answers and idea.

GOD BLESS US ALL!

[RICARDO4EVA2 194]

hello!

Here is my story, my PD is May 2009. Case has been completed September 2010 and was received interview date for December 16, 2010. Then I had my medical last November. However, due to sputum test in st lukes i need to wait for 8 weeks for my medical to be release (thank God everything is okay), in short it was release last January and because there is retrogression they cancelled my Interview and say I need to wait for my PD to become current again.

I gave birth last December 14, 2010. Our case is no longer in NVC but already forwarded to Manila US Embassy. Waiting for may 2009 PD to become current. Now my question is can I take my 7 months old son in case I got a visa? My husband is LPR.

Thanks for all your answers and idea.

GOD BLESS US ALL!

Welcome to Visa Journey...

Child needs to be petitioned .. embassy should be notified of this to see if there are any provisions they can use to accommodate the child with. .. i.e. humanitarian reasons. Hopd others will chime in.

[Jojo92122 1,924]

hello!

Here is my story, my PD is May 2009. Case has been completed September 2010 and was received interview date for December 16, 2010. Then I had my medical last November. However, due to sputum test in st lukes i need to wait for 8 weeks for my medical to be release (thank God everything is okay), in short it was release last January and because there is retrogression they cancelled my Interview and say I need to wait for my PD to become current again.

I gave birth last December 14, 2010. Our case is no longer in NVC but already forwarded to Manila US Embassy. Waiting for may 2009 PD to become current. Now my question is can I take my 7 months old son in case I got a visa? My husband is LPR.

Thanks for all your answers and idea.

GOD BLESS US ALL!

Your husband does not need to file a separate I-130 for his son. He can be added as a derivative beneficiary on your petition. Your husband should contact the US Embassy in Manila on how to add your son to your petition. Your son will need his own DS-230 - application for an immigration visa.

http://manila.usembassy.gov/wwwh3219.html

Additional derivatives: During the petitioning process, a principal applicant may have to add names of newborns or adopted children as derivative beneficiaries of a petition. To register the new derivative family member(s), NVC or the Embassy must be advised of the addition(s). The proper documents establishing births or adoptions should be submitted to NVC or the Embassy. The Affidavit of Support should cover the additional derivatives. For information on Philippine adoptions and visa application requirements for adopted children, click here.

[Jojo92122 1,924]

Welcome to Visa Journey...

Child needs to be petitioned .. embassy should be notified of this to see if there are any provisions they can use to accommodate the child with. .. i.e. humanitarian reasons. Hopd others will chime in.

The child does not need to be petition - the child can be added as a derivative beneficiary. Derivative beneficiaries are allowed in the F2a category (LPR petitioning for a spouse or unmarried child under 21). The law allows adding the son as a derivative beneficiary so there is no reason to seek any accommodation for humanitarian reasons.

[sammy121410 1]

The child does not need to be petition - the child can be added as a derivative beneficiary. Derivative beneficiaries are allowed in the F2a category (LPR petitioning for a spouse or unmarried child under 21). The law allows adding the son as a derivative beneficiary so there is no reason to seek any accommodation for humanitarian reasons.

Thanks so much Ricardo and Jojo, I really appreaciate all your input, I will contact Manila US Embassy now I better do that now while I am waiting for my PD to become current.

[RICARDO4EVA2 194]

Thanks so much Ricardo and Jojo, I really appreaciate all your input, I will contact Manila US Embassy now I better do that now while I am waiting for my PD to become current.

you are welcome. Contact the embassy who will have the final say if they will allow the infant to be added to the petition. IF they accept then they will require the Immigrant Visa fee of the child along with the updated AOS application.

[Jojo92122 1,924]

You're welcome. Good luck.

[sammy121410 1]

I just sent an email to US Embassy, they are asking copy of my son's birth certificate. Thanks again for all your help and taking time to answer my question.