Approved I-130 for pregnant wife

[Sofiane 0]

Hello Fellows,

As a US Citizen, I applied for my wife ( who's in Algeria ) to join me here in the US through the I-130.

Finally, the I-130 was approved on July 2th..and I'm waiting for a response from the NVC...

What I'm concerned about is not really this......I'm extreamly concerned because my wife is pregnant with our son, she is due sometime by the end of August / early September.

When the I-130 was filed there was no mentioning of our unborn child....

My question is, assuming my son will be born abroad before my wife joins me in the US , will he be included in the process automatically ( of course showing the supporting documents that he is our child ) or another process is required for him to be with the parent....

I really really really hope that the interview date will come quickly so that my son will be born in the US.

Looking forward for your comments and advice...

Thanks all,

Edited July 4, 2012 by Sofiane

[LIFE'SJOURNEY 970]

Hello Fellows,

As a US Citizen, I applied for my wife ( who's in Algeria ) to join me here in the US through the I-130.

Finally, the I-130 was approved on July 2th..and I'm waiting for a response from the NVC...

What I'm concerned about is not really this......I'm extreamly concerned because my wife is pregnant with our son, she is due sometime by the end of August / early September.

When the I-130 was filed there was no mentioning of our unborn child....

My question is, assuming that if my son will be born before the interview date, will he be included in the process automatically ( of course showing the supporting documents that he is our child ) or another process is required....

I really really really hope that the interview date will come quickly so that my son will be born in the US.

Looking forward for your comments and advice...

Thanks all,

The US gov put together a very nice web site for you to review that will answer all of your questions.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

[Sofiane 0]

The US gov put together a very nice web site for you to review that will answer all of your questions.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

Thanks for your quick reply,

I browsed more on the website and found out that I can claim my son rightaway after his born at the US embassy in Algeria: " Consular Report of Birth Abroad can be issued as an official record of the child’s claim to U.S. citizenship...."

http://travel.state.gov/law/family_issues/birth/birth_593.html

Is this correct, or is my understanding correct.. ?

Thanks,

[Sofiane 0]

Thanks for your quick reply,

I browsed more on the website and found out that I can claim my son rightaway after his born at the US embassy in Algeria: " Consular Report of Birth Abroad can be issued as an official record of the child’s claim to U.S. citizenship...."

http://travel.state.gov/law/family_issues/birth/birth_593.html

Is this correct, or is my understanding correct.. ?

Thanks,

Also, I was thinkin' after I get Consular Report of Birth Abroad certificate I can apply for my son US passport

Any thoughts on that !?

Thank you

[LIFE'SJOURNEY 970]

Correct on both thoughts.

[Sofiane 0]

Correct on both thoughts.

Thanks for your input. Mostly appreciated.

[ceadsearc 516]

You can as long as you meet the lifetime residency requirements.

[Sofiane 0]

You can as long as you meet the lifetime residency requirements.

Like what do you mean, when you refer to " lifetime residency requirements "

Thanks,

Edited July 5, 2012 by Sofiane

[jan22 3,049]

Like what do you mean, when you refer to " lifetime residency requirements "

Thanks,

Assuming you are a U.S. citizen -- in order to transmit your U.S. citizenship to your child, you have to be able to document that you have been physially present in the U.S. for a total of five years prior to the birth of the child. Two of those five years had to be after you were 14 years old. It doesn't have to be five consecutive years, just total that amount of time. Time when you were not a citizen, if you are a naturalized citizen, counts towards the physicl presence time.

Edited: SOrry -- just reread your post and saw your first sentence re being a U.S. citizen. BTW -- if you do not meet the residency requirement, and your child is born before the visa is issued to your wife, you will need to file a separate I-130 for the child. If born after the visa is issued but prior to your wife travelling to the U.S., you won't need to file apetition, but there is a process that your wife will need to do to be able to travel with the baby.

Edited July 5, 2012 by jan22

[ceadsearc 516]

Yes, the requirements are as Jan22 said. If you don't meet them, as mentioned, your child will need a separate visa to come to the US. Once the child arrives in the US, they will automatically get citizenship at that time.

[Sofiane 0]

Yes, the requirements are as Jan22 said. If you don't meet them, as mentioned, your child will need a separate visa to come to the US. Once the child arrives in the US, they will automatically get citizenship at that time.

Ok this is my situation:

I was a permanent resident since 2003. I applied for my citizenship in 2009, and got it in 2010.

I've been living in the US for the past 10 years....

So, do I qualify to claim my child when he's born, and get him a Consular Report of Birth Abroad of a Citizen of the United States of America.

The get him a passport so he travel with my wife, when she's approved for the immigrant visa.

Thanks all,

[Sofiane 0]

Yes, the requirements are as Jan22 said. If you don't meet them, as mentioned, your child will need a separate visa to come to the US. Once the child arrives in the US, they will automatically get citizenship at that time.

Ok this is my situation:

I was a permanent resident since 2003. I applied for my citizenship in 2009, and got it in 2010.

I've been living in the US for the past 10 years....

So, do I qualify to claim my child when he's born, and get him a Consular Report of Birth Abroad of a Citizen of the United States of America.

The get him a passport so he travel with my wife, when she's approved for the immigrant visa.

Thanks all,

[aaron2020 11,651]

Ok this is my situation:

I was a permanent resident since 2003. I applied for my citizenship in 2009, and got it in 2010.

I've been living in the US for the past 10 years....

So, do I qualify to claim my child when he's born, and get him a Consular Report of Birth Abroad of a Citizen of the United States of America.

The get him a passport so he travel with my wife, when she's approved for the immigrant visa.

Thanks all,

When your child is born, he/she will be a US citizen. You meet the 5 years residency requirement to pass US citizenship on to your children born after you naturalized.

Your son will not qualify for a visa. A visa can not be issued to a US citizen.

You must apply for CRBA and a US passport for your child after he/she is born.

[Penguin_ie 5,993]

** Moving from Bringing Family to CRBA forum ***

[Sofiane 0]

When your child is born, he/she will be a US citizen. You meet the 5 years residency requirement to pass US citizenship on to your children born after you naturalized.

Your son will not qualify for a visa. A visa can not be issued to a US citizen.

You must apply for CRBA and a US passport for your child after he/she is born.

Want to make sure about something....as far as CRBA requirement for " 5 years residency " is it 5 years time of being present in the US as US citizen or it doesn't matter ( i.e : like the time spent as permanent resident also counts towards that "

I'm asking this because one can apply US citizenship 5 years after being permanent resident.... so I was confused on why they would say that I have to be a US citizen and a minimum of 5 years of residency ( or maybe it's said that way, to rule out persons who go married to a US citizen and got his/her green card from their spouse and after 3 years they got their citizenship instead of the normal 5 )....

Thanks all,