Wife waiting for IR1/CR1 visa and a new born baby

[barath20 1]

Hello,

I have a question regarding my wife waiting for IR1/CR1 visa and a new born baby.

I am living in USA for over 15 years legally since 1995 and then I became U.S. citizen in July 2008.

My non-U.S. citizen wife expecting baby in mid of 2012.

I have already applied for I-130 petition for IR-1/CR-1 visa for my wife, hopefully she will get immigrant visa by the end

of 2012, if she become immigrant to USA then how we process the visa for our child?

CRBA requirement is that I have to spend 5 years(at least) as a U.S. citizen to qualify to transmit

U.S. citizenship? even though I am living in USA for over 15 years legally.

Do I have to start another I-130 for my new born? what are my options in this case?

Please comments.

Thanks

[AKSinghSingh79 143]

Hello,

I have a question regarding my wife waiting for IR1/CR1 visa and a new born baby.

I am living in USA for over 15 years legally since 1995 and then I became U.S. citizen in July 2008.

My non-U.S. citizen wife expecting baby in mid of 2012.

I have already applied for I-130 petition for IR-1/CR-1 visa for my wife, hopefully she will get immigrant visa by the end

of 2012, if she become immigrant to USA then how we process the visa for our child?

CRBA requirement is that I have to spend 5 years(at least) as a U.S. citizen to qualify to transmit

U.S. citizenship? even though I am living in USA for over 15 years legally.

Do I have to start another I-130 for my new born? what are my options in this case?

Please comments.

Thanks

To my understanding your child will not be eligible to receive US citizenship because you have not been a citizen long enough to meet the requirements. It doesn't matter if you have been here for over 15 years, for most of that time you were an LPR.

Your wife would have to add your child as a dependent. I am not well versed in how to go about doing that so I recommend doing some research or posting a question pertaining to this topic.

Good luck.

[pushbrk 12,985]

To my understanding your child will not be eligible to receive US citizenship because you have not been a citizen long enough to meet the requirements. It doesn't matter if you have been here for over 15 years, for most of that time you were an LPR.

Your wife would have to add your child as a dependent. I am not well versed in how to go about doing that so I recommend doing some research or posting a question pertaining to this topic.

Good luck.

This is incorrect. There is no minimum time to the parent must be a US citizen prior to the birth of the child. The parent's physical presence in the USA of 5 years after reaching age 14 applies for Citizens who have NOT been living in the USA.

The US Citizen parent in this case needs to file the Consular Report of Birth Abroad and obtain a US passport for the child.

[AKSinghSingh79 143]

This is incorrect. There is no minimum time to the parent must be a US citizen prior to the birth of the child. The parent's physical presence in the USA of 5 years after reaching age 14 applies for Citizens who have NOT been living in the USA.

The US Citizen parent in this case needs to file the Consular Report of Birth Abroad and obtain a US passport for the child.

Sorry. Thanks for the correction.

OP, I hope this clears up your doubts.