how to add a new born baby to the I-130 PETITION

[christina Leung 0]

MY cousin filed I-130 for his wife. It is now pending. She just gave birth to a baby girl. How can he add the baby to the I-130 petition?

thank you

[JimVaPhuong 4,863]

MY cousin filed I-130 for his wife. It is now pending. She just gave birth to a baby girl. How can he add the baby to the I-130 petition?

thank you

Is your cousin a US citizen or permanent resident? If a US citizen, is he the biological father of the child?

If your cousin is a US citizen, and if he's the biological father of the child, then the child isn't eligible for a visa because it has a claim to US citizenship. They have to file a Consular Report of Birth Abroad with the consulate and get the child a US passport.

If your cousin is a US citizen, and he's NOT the biological father of the child, then he'll need to file another I-130 for the child. The petition for his wife would be in the immediate relative category, and those visa types don't allow for derivatives.

If your cousin is a permanent resident then he doesn't need to do anything yet. The petition for his wife would be an F2A family preference. The child will be eligible to apply for a derivative visa at the same time the child's mother applies.

Under no circumstances do you ever "add" somebody to a petition. The visa category will either allow for derivative visas to be issued or it won't.

Edited April 8, 2012 by JimVaPhuong

[christina Leung 0]

My cousin is a permanent resident.

So he does not have to do anything now, right?

Just wait for the visa application for the mother, then the child can apply for the visa together?

thank you very much,

christina

Is your cousin a US citizen or permanent resident? If a US citizen, is he the biological father of the child?

If your cousin is a US citizen, and if he's the biological father of the child, then the child isn't eligible for a visa because it has a claim to US citizenship. They have to file a Consular Report of Birth Abroad with the consulate and get the child a US passport.

If your cousin is a US citizen, and he's NOT the biological father of the child, then he'll need to file another I-130 for the child. The petition for his wife would be in the immediate relative category, and those visa types don't allow for derivatives.

If your cousin is a permanent resident then he doesn't need to do anything yet. The petition for his wife would be an F2A family preference. The child will be eligible to apply for a derivative visa at the same time the child's mother applies.

Under no circumstances do you ever "add" somebody to a petition. The visa category will either allow for derivative visas to be issued or it won't.

[walidetmouna 6]

what do you mean wait for a visa application? do u mean wait until the mother get interview and then bring the baby with her or what , sorry im confused because my wife will deliver a baby on July or so and her case is still on Vermont center for approval , what should i do exactly please need advice

i'm a Permanent resident Pd June13,2011

[christina Leung 0]

I need to know exactly what i should do fo my cousin too..

what do you mean wait for a visa application? do u mean wait until the mother get interview and then bring the baby with her or what , sorry im confused because my wife will deliver a baby on July or so and her case is still on Vermont center for approval , what should i do exactly please need advice

i'm a Permanent resident Pd June13,2011

[Chittagong 11]

what do you mean wait for a visa application? do u mean wait until the mother get interview and then bring the baby with her or what , sorry im confused because my wife will deliver a baby on July or so and her case is still on Vermont center for approval , what should i do exactly please need advice

i'm a Permanent resident Pd June13,2011

I was in your situation back in 2010. All you need to do is waiting for your wife's i130 appraval. Once ur wife's get approval, then her approval going to NATIONAL VISA CENTER for further processing. At that time you could add your new born baby by submitting birth certificate.

Is that clear to you?

[Chittagong 11]

what do you mean wait for a visa application? do u mean wait until the mother get interview and then bring the baby with her or what , sorry im confused because my wife will deliver a baby on July or so and her case is still on Vermont center for approval , what should i do exactly please need advice

i'm a Permanent resident Pd June13,2011

I was in your situation back in 2010. All you need to do is waiting for your wife's i130 appraval. Once ur wife's get approval, then her approval going to NATIONAL VISA CENTER for further processing. At that time you could add your new born baby by submitting birth certificate.

Is that clear to you?

[sulhaq 60]

Once your cousin's I-130 is approved, it will be forwarded to the NVC. When a visa number is available, the NVC will contact your cousin that the case is now eligible for further processing. At this point, your cousin's wife needs to file an APPLICATION FOR IMMIGRANT VISA, and, this is also the time she would file a second application for the derivative visa for the newborn child. To put simply:

Wait for I-130 to be approved.

Then, wait for NVC to contact your cousin that the case is now eligible for further processing.

Have wife file APPLICATION FOR IMMIGRANT VISA for herself AND THE BABY.

The above is information that I extrapolate JimVaPhuong's post. Please correct me if I'm wrong.

[guvnor2010 3]

Contact USCIS or NVC with the birth certificate (Depending on where the petitions is at the moment) and request for the addition of the baby to the mother's petition; The child is eligible to for a derivative visa.

[christina Leung 0]

Thank you very much.

Contact USCIS or NVC with the birth certificate (Depending on where the petitions is at the moment) and request for the addition of the baby to the mother's petition; The child is eligible to for a derivative visa.

Thank you very much.

Once your cousin's I-130 is approved, it will be forwarded to the NVC. When a visa number is available, the NVC will contact your cousin that the case is now eligible for further processing. At this point, your cousin's wife needs to file an APPLICATION FOR IMMIGRANT VISA, and, this is also the time she would file a second application for the derivative visa for the newborn child. To put simply:

Wait for I-130 to be approved.

Then, wait for NVC to contact your cousin that the case is now eligible for further processing.

Have wife file APPLICATION FOR IMMIGRANT VISA for herself AND THE BABY.

The above is information that I extrapolate JimVaPhuong's post. Please correct me if I'm wrong.

[Darnell 8,478]

Christina - IMO - your cousin will need to file a NEW I-130 on the child. Include a cover letter, asking for:

1. an expedite, as the mother/wife has already got an I-130 in the system

2. the I-130 on the child to be put with the I-130 on the spouse.

Good Luck !

[dwheels76 5,468]

Christina - IMO - your cousin will need to file a NEW I-130 on the child. Include a cover letter, asking for:

1. an expedite, as the mother/wife has already got an I-130 in the system

2. the I-130 on the child to be put with the I-130 on the spouse.

Good Luck !

I know this is an old thread but can I ask this.

What if you are the USC (wife) and your husband wants to now bring his new born child. How does that work since the USC has no biological ties to the baby. There Case is at NVC. So do you call and let NVC know the father will be bringing baby or what?

**No its not me I swear.**

[aaron2020 11,651]

I know this is an old thread but can I ask this.

What if you are the USC (wife) and your husband wants to now bring his new born child. How does that work since the USC has no biological ties to the baby. There Case is at NVC. So do you call and let NVC know the father will be bringing baby or what?

**No its not me I swear.**

Okay, since you swear it is not you, then I am going to ask the obvious question - how is a man who has a USC wife end up with a new born child that is not his wife's? On it's face, this looks highly suspicious to me.

[dwheels76 5,468]

Okay, since you swear it is not you, then I am going to ask the obvious question - how is a man who has a USC wife end up with a new born child that is not his wife's? On it's face, this looks highly suspicious to me.

It really isn't me. A baby born due to affair mother is giving up rights dad wants to bring baby to America when he immigrates. Right now they are still going through NVC.

[aaron2020 11,651]

It really isn't me. A baby born due to affair mother is giving up rights dad wants to bring baby to America when he immigrates. Right now they are still going through NVC.

She files as a stepparent.

This is not going to be easy. The legitimacy of their relationship will be examined in light of the fact that the stepdaughter was from an affair. How real is the marriage that allow all these people to immigrate will be brought up.

Since you are Nigerian, can I assume these folks are also from Nigeria?

Looks like it could be fraud. USCIS may suspect that the marriage is fake.

If he hasn't remove the condition on his green card, he is going to have problems proving his marriage is real in light of the affair.

Edited January 14, 2013 by aaron2020