baby born after filing I 130

[syamdevan 0]

hai

i am a LPR. i got married and my wife is in India. i filed I 130 for her in august 2012. my case status shows its been accepted by USCIS. now i came to India for a vacation and we are planning to have a baby.

my question is

1) will i be able to bring my baby along with my wife when her I 130 get approved

2) can i add my babies name to my existing I 130

3) do i need to file separate I 130 for my baby when he/she born and again wait for my baby get his/her visa approved

i would really appreciate your replies

thanks

[ndu26 114]

your baby will become a derivative under the mother's petition at the NVC stage.

Just wait for your petition to be approved at USCIS and file forwarded to NVC. you will need to include proof of birth and parentage when submitting civil documents and also pay a separate IV fee for the child I think.

[ishaan 0]

Hi

I have same situation syamdevan.

I am on LPR and already filed I-130 for my wife and now have a baby on the way.

I'm searching the answer too.

1) One thing is very clear if we stay on LPR (which will take long time to bring wife here.) we can add the baby on existing petition. Just submit baby birth certificate to NVC and needed documents. But that's long line for P.D to become C.D.

2) If our LPR status turn in to USC . And upgrade the wife application then derivative visa option is gone (But don't find any where in written.). Just only heard about it, then have to file a new I-130 for baby.

So if you find some thing please let me know.

Thanks

Edited February 17, 2013 by ishaan

[ishaan 0]

Well I find out some information here maybe help us.

In case when we upgrade our wife case after be a USC. we have a option for.

Can my child come to the United States to live while the visa petition Is pending?

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.

But still I don't find anything for infant.

Hope you will find some too.