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Filed: Citizen (apr) Country: India
Timeline
Posted

Hello all,

I plan to apply I-130 for my sibling, who recently got married and does not have any children as of now. My question is, once i send in the I-130 application with my brother and his wife's details, and start the several year wait for approval, what happens if they have a child during the wait period while I-130 is still pending? Do i need to apply for new I-130 and start all over again? Or is there a way to include child in original application?

Thanks in advance for your help.

Posted

Any child(ren) will be derivatives of the application - just like your brother's wife is - and will get an immigrant visa if they're under 21 years old at the time of visa issuance.

ROC 2009
Naturalization 2010

Filed: K-1 Visa Country: Wales
Timeline
Posted

It only matters what children/spouses are eligible when the visa number becomes current.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

It only matters what children/spouses are eligible when the visa number becomes current.

Also you should remember you will have to show you can support his family members if you have a good paid job then yes they will all immigrate with your brother together, That is the hardest part check this:

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Filed: Citizen (apr) Country: India
Timeline
Posted

Thank you for the reply everyone :-) so my take away is that i can apply I-130 for brother and his wife now. Once it gets approved in future, and as part of next processing step (Consular processing and immigrant visa interview) i can fill out relevant forms with up-to-date information about children...

 
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