4-month-old baby to travel with his mom after she got accepted for an IR-1 Visa

[mnos7i 0]

Hello,

I really would appreciate some help here because I'm totally lost.

I am a US Citizen, I have filed an I-130 for my spouse about 2 years ago and we are currently waiting for the interview in the US Embassy in Cairo. We are expecting the interview to be held in about 2-3 months. We currently have a 4-month old newborn baby. I have applied for a Consular Report of Birth Abroad (CRBA) for our baby boy and we just got denied because I couldn't prove my physical presence in the United States for 5 years. I will be traveling to the United States in a month.

So now my questions are:

1. How can our baby boy travel with his mother after she gets her IR-1 visa accepted? She will only have 6 months in which she must enter the USA to get her green card, and she will need to take her baby with her as he is absolutely dependent on her. If I file an I-130 for our baby now he won't be able to get accepted within 6 months from now because the Cairo embassy takes alot of time to determine the interview appointment.

2. Is there any kind of visa for new born babies of mothers who recently got accepted to an IR-1 visa? Can he join his mother on that visa instead of filing separately?

3. Could we apply for a non-immigrant visa along with filing an I-130 for our baby boy simultaneously? Would that cause any kind of problem/conflict?

4. Could I file an I-130 for our baby here in Egypt and then apply for a B-1 Visa for him to travel to the USA and continue the I-130 process in the USA?

Your help will be highly appreciated. Thank you for your time.

[Hypnos 6,576]

If your child doesn't qualify for a CRBA then they will require a visa to enter the US.

You must file a separate I-130 on behalf of your child, as immediate relative petitions do not permit derivative beneficiaries.

There is a little-known procedure called a baby transportation letter which provides for a child born to an LPR who is overseas temporarily, but you do not qualify for that because your wife is not yet an LPR (and won't be until she enters the US for the first time on her immigrant visa).

You should file the I-130 immediately and then request an expedite at the USCIS level and then the NVC level. You can read USCIS' expedite criteria here: http://www.uscis.gov/forms/expedite-criteria and I would imagine "emergent situation" would be where you would start. It's highly unlikely the embassy will give your child any kind of nonimmigrant visa in the meantime.

The only good news here is that once your child has an immigrant visa, they will automatically become a US citizen upon entry to the US under the Child Citizenship Act (2000).

Edited May 20, 2014 by Hypnos

[Mark88 183]

My child didn't qualify for a CRBA and it was denied. Since my wife was a LPR at the time already, we could use a baby transportation letter (NA-3 visa). You sadly won't qualify for this and will have to file an I-130. You might find some usefull information here:

http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

[aaron2020 11,651]

Hi,

Your baby needs an immigration visa. There is no way around this.

1. File the I-130 and request an expedite. Reference the case for mom and the fact that the CRBA was denied because you did not meet the physical presence requirements to pass US citizenship to him at birth.

2. No. There is no such thing when a child is born before the mother's interview.

3. You can apply and get a a nonimmigrant visa. But it will do you no good in immigrating the child. How are you going to prove your child will leave after entering on a nonimmigrant visa? Does it make sense that mom is immigrating while child is only visiting? No.

4. Sure you can file the I-130 and try for a B-1. However you have the same problem as 3.

The baby needs an immigration visa.

[apple21 953]

The baby needs a passport too.

[Mark88 183]

You do have one more option: If one of your parents (your childs grandparant) is also a USC, and they meet the physical presence requirements, you could file a N-600K and avoid filing a I-130.

[aaron2020 11,651]

You do have one more option: If one of your parents (your childs grandparant) is also a USC, and they meet the physical presence requirements, you could file a N-600K and avoid filing a I-130.

While it is an option. It doesn't get the child to the US faster than an immigration visa.

Child would still need a non-immigrant visa to come to the US for an interview.

[Mark88 183]

While it is an option. It doesn't get the child to the US faster than an immigration visa.

Child would still need a non-immigrant visa to come to the US for an interview.

It would make it easier, since it would be a single form and not the entire I-130 process. Once the I-130 of the mother and the N-600K for the child are approved, I can't imagine it beeing too hard to have a B-Visa issued for the interview.

[apple21 953]

B-visa denial because of obvious immigrant intent.

IR2 is the best route.

Edited May 21, 2014 by apple21

[Mark88 183]

B-visa denial because of obvious immigrant intent.

IR2 is the best route.

Not really, filing N-600K is to claim USC and not to immigrate. Just because you are a USC you don't have to live in the US. Even USCIS writes that "The child is required to be lawfully admitted to United States, in any status, and be physically present in the United States;". This means, he/she can even enter under the VWP (if applicable).

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html

[apple21 953]

Not really, filing N-600K is to claim USC and not to immigrate. Just because you are a USC you don't have to live in the US. Even USCIS writes that "The child is required to be lawfully admitted to United States, in any status, and be physically present in the United States;". This means, he/she can even enter under the VWP (if applicable).

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter5.html

In OP's case, they want to immigrate. Egypt is not included in the VWP unfortunately.

[Mark88 183]

In OP's case, they want to immigrate. Egypt is not included in the VWP unfortunately.

If N-600K is approved, the embassy will issue a B-2 for travel.

http://americansabroad.org/files/7213/5030/1301/sec322ex.pdf

Q. I WILL BE LIVING ABROAD WITH MY FAMILY FOR SOME TIME. HOW DO I

APPLY FOR EXPEDITIOUS NATURALIZATION FOR MY CHILD USING THE

"GRANDPARENT" PROCEDURE?

A. COMPLETE AND FILE USCIS FORM N-600K - APPLICATION FOR

CERTIFICATE OF CITIZENSHIPSEND FORM N-600K AND SUPPORTING

DOCUMENTS THE REQUIRED FEE TO ONE OF THE 51 USCIS FIELD OFFICES

IN THE UNITED STATES.

FOR INFORMATION ABOUT HOW TO OBTAIN USCIS

FORMS

CLICK HERE

OR CALL 1-800-870-3676.

USCIS WILL DETERMINE WHETHER YOUR CHILD IS ELIGIBLE AND

APPROVE THE APPLICATION, THEN FORWARD YOU A LETTER AND

NATURALIZATION APPOINTMENT DATE. YOU PRESENT THE USCIS

APPROVAL AND APPOINTMENT LETTER TO THE U.S. EMBASSY OR

CONSULATE.

THE U.S. EMBASSY OR CONSULATE WILL ISSUE THE CHILD A B-2 VISA.

THIS PROCEDURE ALLOWS PARENTS TO MAKE A ONE STOP VISIT TO THE

UNITED STATES FOR THE PURPOSES OF NATURALIZING THEIR CHILD AS A

U.S. CITIZEN

[Hypnos 6,576]

I was not aware of that. Excellent information; thanks for sharing.

[mnos7i 0]

I thank you all for your replies, I found them really helpful!

So now as I understand, the 2 ways possible are filing an I-130 or a N-600K for my baby boy.

After thinking of the possible scenarios in mind, I still do have some questions:

1. My wife's I-130 is expected to get approved in +/- 3 months from now. If I apply for a Non-immigrant visa for my child after my wife gets her IR-1 visa without filing an I-130 for my child, could he get accepted with the reason that he has to travel with his mother urgently because she has to be in the USA within 6 months of her visa issue?

2. I have read on this forum that expediting the I-130 for a reason of bringing the family together will not get accepted, is this true?

3. If I file an I-130 now for my baby boy, then my wife gets her IR-1 visa in 2-3 months, he will still be in the process of getting is immigrant visa, so how will he be able to travel in this period? We couldn't apply for a B-1 visa for him then because he will be through the process of immigration, could we?

I'm really confused and don't know what to apply for right now. I'm afraid of filing an I-130 now and get stuck afterwards and my baby boy wouldn't be able to travel with mom (I really don't know how this is possible!)

[mnos7i 0]

Hi,

Your baby needs an immigration visa. There is no way around this.

1. File the I-130 and request an expedite. Reference the case for mom and the fact that the CRBA was denied because you did not meet the physical presence requirements to pass US citizenship to him at birth.

2. No. There is no such thing when a child is born before the mother's interview.

3. You can apply and get a a nonimmigrant visa. But it will do you no good in immigrating the child. How are you going to prove your child will leave after entering on a nonimmigrant visa? Does it make sense that mom is immigrating while child is only visiting? No.

4. Sure you can file the I-130 and try for a B-1. However you have the same problem as 3.

The baby needs an immigration visa.

Well what I was thinking of is not filing an I-130 now and waiting for mom to get her IR-1 visa and then apply for a B-1 visa for my baby boy then and explain that he needs to travel temporarily with mom because he is dependent on her then file an I-130 afterwards. Is this possible or do you still think that filing an I-130 is better?