Should I pay the IV fees now or wait?

[bostonian2013 3]

Here's the situation: I am an LPR alien and the Immigrant petition for my wife is at the step before last (submission of IV fees and the IV package). She's pregnant and due late November. If I submit the IV payment now and submit the package, she'll be scheduled for the interview after the baby is born.

Will this impact the baby's chance to accompany his mom? If so, should I off hold on sending the IV package until the baby is born so he/shee can be included in the DS-260 application?

[Mark88 184]

If the child is born AFTER the visa issued, you will have to file a total new petition on behalf of your child. Best would be, if the visa is issued BEFORE your child is born. In this case the child can travel under the mothers visa: http://dublin.usembassy.gov/faqs_immigration.html#question16

[aaron2020 11,651]

If the child is born AFTER the visa issued, you will have to file a total new petition on behalf of your child. Best would be, if the visa is issued BEFORE your child is born. In this case the child can travel under the mothers visa: http://dublin.usembassy.gov/faqs_immigration.html#question16

Incorrect. Under no condition is a "total new petition on behalf of your child" is needed. This is wrong.

If the child is born BEFORE the visa is issued, then the child is simply added to the mother's petition. The child would need an DS-260 and an immigration visa.

If the child is born AFTER the visa issued, then the child only needs a long-form birth certificate and a valid travel document.

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I have edited out all the parts pertaining to a US citizen parent and where the child has a claim to US citizenship.

http://sweden.usembassy.gov/process.html

A petition has been filed on my behalf. I now have a child. Can he/she added to my application?

If your baby has no claim to U.S. citizenship, it may be possible for the child to derive status from the immigrant visa petition filed on your behalf, or for your spouse to file an immigrant visa petition for him/her. You should notify the Immigrant Visa Unit in writing of the birth of your child. Please include a birth certificate for the child. The Immigrant Visa Unit will advise you further. In general, if you are registered for immigration in the immediate relative category, your child is not eligible to derive status from the immigrant visa petition filed on your behalf. A child can, however, derive immigrant visa status if the petition is registered under the family/employment category.

Since being issued an immigrant visa I have had a baby. Can my baby immigrate with me?

A child born after the issuance of an immigrant visa will not need a visa to accompany the parent provided they both travel within the period of validity of the visa. A copy of the child's long-form birth certificate showing the name of the parent must be carried for presentation to a U.S. immigration official at the port of entry, together with a valid travel document for the child.

Edited October 5, 2013 by aaron2020

[aaron2020 11,651]

Here's the situation: I am an LPR alien and the Immigrant petition for my wife is at the step before last (submission of IV fees and the IV package). She's pregnant and due late November. If I submit the IV payment now and submit the package, she'll be scheduled for the interview after the baby is born.

Will this impact the baby's chance to accompany his mom? If so, should I off hold on sending the IV package until the baby is born so he/shee can be included in the DS-260 application?

Since your wife is in her last two months of pregnancy, there is no way she will get an immigration visa before the birth.

It would be simpler to wait for your child's birth certificate. Use that to add your child to your wife's petition at the NVC. Pay the IV fees for your wife and child, then file DS-260s for both.

Alternatively, you can file everything now. At the US Embassy, you can add your newborn. You would need to revise the I-864.