Pregnant Wife i-130 situation

[tataocb 2]

I have several questions about my wife's situation now that the PD is set to Current for the F2A category. I have searched through the forum and haven't found any info relating to my case specifically.

Here's the story. I filed an i-130 petition for my wife with a PD of Nov 3 2012. It was forwarded to the California Service Center, and I still have not received the NOA2 stating whether the petition is approved or not. I have noticed though, that a couple of people who had PD as late as Oct 2012 have received their NOA2 saying they were approved. So that leads me to believe that perhaps it might not take long until we receive or NOA2 which hopefully says our petition is approved. I know there is no way of knowing for sure how long that will take, but what is certain is that the process has started to speed up over the last couple of months for the F2A category. With that being said, my wife, the beneficiary, is 6 and half months pregnant, she is due in the first days of October 2013. Our plan is to include our baby in her petition once the baby is born by sending the necessary forms and birth certificate; so that our baby can get a visa at the same time my wife gets her visa. So this sets up 2 potential scenarios.

The first scenario is that the baby is born before we receive the NOA2, meaning we are able to send the necessary paperwork to include her in my wife's petition before the petition is approved, so by the time it is approved, the baby is included in the petition.

The second scenario is that the baby is born after we receive the NOA2, meaning my wife's petition was approved without us ever mentioning the baby. One of my questions is, if this is the case, would there be any way to still include our baby in my wife's petition so that when she gets her visa, the baby gets a visa too?

Now, some general questions that apply to either scenario:

1. Once the petition is approved, and the PD becomes current, the next step is to schedule an interview. Since my wife is in her native country, would the date for the interview depend on the US embassy in her country, or on the NVC?

2. Once the petition is approved, and the PD becomes current, how much time does she have to schedule the interview?(By this I mean, can she wait a couple of months before scheduling the interview, or is there a limit as to how much time can pass before she schedules the interview....just like once the visa is issued she has 6 months to come to the US...is there a similar deadline for scheduling the interview)

3. What type of things do they ask for in the interview?

4. If everything goes well in the interview and she is approved, approximately how long would she have to wait until she gets her temporary visa to enter the US and get her green card?

Thanks for any help guys.

[lee21chan 4]

For the baby if he or she is born outside of the us and the parent is a us citizen he can apply for an consular report of birth abroad .http://www.visajourney.com/forums/topic/398109-applying-for-a-consular-report-of-birth-abroad-crba/

[tataocb 2]

I'm not a citizen, I'm currently an LPR. My wife is the beneficiary of the I-130 petition.

[newacct 688]

According to http://www.state.gov/documents/organization/87519.pdf , if the baby is born after issuance of the immigrant visa, the baby does not need an immigrant visa and will automatically get a green card when the mother brings the baby into the U.S.

[tataocb 2]

Thanks for your replies. I have an update on my situation. I checked my case online and my wife's I-130 petition was just approved yesterday!

After researching how the process continues, I realize what I wrote in my first post is wrong. My next step is to get my case completed by NVC, the interview comes afterwards.

From what I've read in one of the guides here, the next step is to wait for an NVC number, send D-3032, and then wait for the invoices to pay them. Here is where I have some questions about my situation. It is my understanding that one DS-230 form has to be filled out for each member of the family, and the fee has to be paid for each member as well. Currently, it is only my wife, so only one form and payment for one person. However, maybe as the process moves along and the case is completed and she is waiting for the interview our baby is born. Would she still be able to include the baby in her petition? Would she have to take the baby to the interview? What if the baby is born after the interview...can we still include the baby so she gets a visa at the same time as my wife? What would we have to do in either case to make sure she is included? Would we have to fill out and pay for her DS-230 form?

Or would it be better to wait until the baby is born before making the payments to NVC and sending in the DS-230 form? If that is so, what happens is by October, the F2A category is no longer current and has retrogressed to before our PD?

Thanks for any help.

[shabbera 7]

Try calling the NVC and asking them directly - they will give you the answer to many questions. My wife's I-130 was approved on June 24, 2013 and I called them 2 weeks later to ask for the case number, they finally gave it to me on July 8, 2013. After that it is a little bit of a wait - if you read the other posts there are some good postings about what to do and when and some ways to speed things up.

Thanks for your replies. I have an update on my situation. I checked my case online and my wife's I-130 petition was just approved yesterday!

After researching how the process continues, I realize what I wrote in my first post is wrong. My next step is to get my case completed by NVC, the interview comes afterwards.

From what I've read in one of the guides here, the next step is to wait for an NVC number, send D-3032, and then wait for the invoices to pay them. Here is where I have some questions about my situation. It is my understanding that one DS-230 form has to be filled out for each member of the family, and the fee has to be paid for each member as well. Currently, it is only my wife, so only one form and payment for one person. However, maybe as the process moves along and the case is completed and she is waiting for the interview our baby is born. Would she still be able to include the baby in her petition? Would she have to take the baby to the interview? What if the baby is born after the interview...can we still include the baby so she gets a visa at the same time as my wife? What would we have to do in either case to make sure she is included? Would we have to fill out and pay for her DS-230 form?

Or would it be better to wait until the baby is born before making the payments to NVC and sending in the DS-230 form? If that is so, what happens is by October, the F2A category is no longer current and has retrogressed to before our PD?

Thanks for any help.

[R & C 0]

Hello Tataocb , I had that problem a few years ago and i solved this way :

My kid was birth ( 3 months ) before the interview in the embassy , so I added in that stage.

the day I went to interview the officer asked me if I had kids? I said yes, then she told me to add him in the DS 230 that I filled for the embassy (because i didnt do it ) , and to get his birth certificate with me and obiously pay the fee for the baby.

- so if your child is birth before interview you just add him to the ds 230 and pay the fees and he will be a PRL like your wife when they enter here

[tataocb 2]

Hello Tataocb , I had that problem a few years ago and i solved this way :

My kid was birth ( 3 months ) before the interview in the embassy , so I added in that stage.

the day I went to interview the officer asked me if I had kids? I said yes, then she told me to add him in the DS 230 that I filled for the embassy (because i didnt do it ) , and to get his birth certificate with me and obiously pay the fee for the baby.

- so if your child is birth before interview you just add him to the ds 230 and pay the fees and he will be a PRL like your wife when they enter here

Thanks for the info....I noticed you're from El Salvador too!

I have a couple of questions.

1. Was your case complete by the time your baby was born?

2. If your case was complete and you were just waiting for the interview, did you send any documents to the NVC to include your baby prior to the interview being scheduled, or did you wait until the day of the interview?

3. If you waited until the day of the interview, did she ask you to just include the baby in your DS-230, or did you have to fill out another DS-230 for the baby? Did you have to modify anything for the I-864? Were you scheduled another interview so you could get the birth certificate translated? If another interview was scheduled, for how many days/weeks/months later was it scheduled?

4. Was your spouse a US Citizen, or a Permanent Resident at the time you got your visa?

Thanks for the help

[R & C 0]

1. Was your case complete by the time your baby was born?

my case was out of NVC , in consular process when my child was born

2. If your case was complete and you were just waiting for the interview, did you send any documents to the NVC to include your baby prior to the interview being scheduled, or did you wait until the day of the interview?

I didnt send anything to NVC because I didnt know that I can include my son in my petition.

I get the embassy with MY ds230 Without the name of the baby in it; there in the interview the officcer asked me if I have kids and i said YES and she told me " bring me another ds 230 with the name of the baby in it and the proof that he is your son and your kid would get GC in a few months; if you had written the name of your kid and brought me a birth certificate he would have the gc with you " and I said this lady will go straigth to heaven !!!!!

3. If you waited until the day of the interview, did she ask you to just include the baby in your DS-230, or did you have to fill out another DS-230 for the baby?

- I didnt wait untill interview ( my bad ) I didnt know that I can include my kids .you have to fill a new ds 230 for your wife and include the name of your baby and the birth certificate and the fee

.

Did you have to modify anything for the I-864?

you have to modify the I864 adding the name of the baby and the number of dependants ( you have to check if your income is enough for both or you should look for a sponsor take a look to the i864p there are the poverty levels for this year ) and she can take it to the embassy and give to the officer there

Were you scheduled another interview so you could get the birth certificate translated? If another interview was scheduled, for how many days/weeks/months later was it scheduled?

yes i got another interview because of it ; they program two interviews in the first one they only check your forms and fingerprints I think , if you have something wrong they ask you to bring it next week in the second interview this was my case

4. Was your spouse a US Citizen, or a Permanent Resident at the time you got your visa?

none ; my father was my petitioner US citizen

in my expierence is better that your child is birth before the interview but if she got the interview before thanks god your son will birth here in usa and he will be a citizen !!!

[ukrturk 0]

Hi,

if you got baby before i130 approval, just wait till getting NVC case number, and when you get Visa number, call them and update them as you got a new member Then send by email baby's birth certificate scan copy ( if you work with lawyer) otherwise by mail....Pay your wife's 230 and your 864...

Included baby info NVC documentation birth certificteetc..., and also prepare ds230 for baby as well, and 864 should be filled with in baby info as well .. Then They will require ds230 payment for baby too. I864 paying only once...That's it...

I did all these for my small girl