F2A and pregnancy

[Mrs Tams 5]

Yes, that's true about a separate I-130...my error there. However, I wouldn't bother with that route. If I were in your shoes, Calvm, I'd just get the baby a US passport instead. I guess it depends on the timing of everything...how long processing will take, when the baby is born and so on. ~~~

[jan22 3,056]

Yes, that's true about a separate I-130...my error there. However, I wouldn't bother with that route. If I were in your shoes, Calvm, I'd just get the baby a US passport instead. I guess it depends on the timing of everything...how long processing will take, when the baby is born and so on. ~~~

This is something on which there is a choice. If the baby is a U.S. citizen, they MUST enter and leave the U.S. on a U.S. passport. So, if the father naturalizes in time (i.e., before the birth of the child) and he has been physically present in the U.S. for a total of 5 years (rarely equal to the amount of the time he's been an LPR -- this is the time he has actually been IN the U.S., subtracting the time he's been travelling outside the U.S. to visit family, etc.) and 2 of those 5 years were after he was 14, the baby is a U.S. citizen. If he/she is a U.S. citizen, you would waste your time to file an I-130, as the Embassy cannot issue a visa to a U.S. citizen.

[calvm 10]

Thanks folks..this is very helpful..!!..

[calvm 10]

Thanks folks..this is very helpful..!!..

Having gone through immigration highs and lows (H1 work visa > employment based green card in EB2 category India -which takes about 5 years> to now filing I-130 for wife in F2A) for over 10 years..just want to make sure that I don't extend it further ..

Edited September 29, 2013 by calvm

[Mrs Tams 5]

Hey, Jan22. Yes, so getting an American passport for the baby would be the better option, I would think.

You mentioned that in order for the baby to be a US citizen, he'd have to naturalize before the baby is born. I don't think this is the case. Once this occurs before the child is 18, along with some other factors on dad's part, he/she should be good to go.

Calvm, don't forget to check uscis.gov and travel.state.gov ~~~

[apple21 953]

Check first if you and the baby qualify for CRBA.

If yes, get the child a US passport.

If not, you have no choice but to take the i-130 route.

[guillermorjoanna 0]

does nvc grant a visa for f2a if she is 3mos pregnant?

[tataocb 2]

does nvc grant a visa for f2a if she is 3mos pregnant?

As long as all the requirements are met, case completed and interview goes well, then yes. F2A refers to the relationship the petitioner has with the beneficiary, as long as it is the spouse or unmarried children under 21 years of age, then there shouldn't be a problem. My wife's PD was Nov 12, she got pregnant and had our baby in Oct 13. By that time, our case was at NVC, we simply delayed sending the AOS and filing the DS-230. Once the baby was born, we sent our baby's birth certificate and asked that she be included as a derivative, so we waited until she was added to my wife's petition which was in Dec 2013. Then we sent the AOS, filed 2 different DS-260 (paid the fee twice...once for wife, once for baby), and sent the IV packages in early Jan 2014, our case was completed in late Jan. We received our IL in late Feb 2014, and on April 10th, my wife went to the interview with the baby and both visas were approved. I hope my experience helps you a bit.