i-130 approved planning to add dervative need help

[joy2015 0]

i heard that their is a tricky point when adding a baby as dervitave in my wife case after born she will not be able to be acitizen through natrulization ,, is that right ???

by the way iam green card holder and just got approved on my i-130 and piroity date may 2014 and due for the baby 2/2015

thanks in advance

[belinda63 3,038]

Your baby can become a citizen through naturalization if it is a derivative on the I-130. When it arrives in the US it will be issued a green card just like your wife. When either you or your wife becomes a USC, provided the child is under 18, the child will automatically become a US citizen also.

Beware YOU do not become a USC prior to the wife/child arriving. If you become a USC while the visa for your wife is pending then you will have to file an I-130 for the child. There are no derivatives for a USC I-130, each person must have their own.

[aaron2020 11,651]

Hi,

You heard lies.

No problem adding your child to your wife's case.

After they immigrate and get green cards and meet certain requirements, they can get US citizenship.

[joy2015 0]

when i heard that it seems non sense to me but i heard it from attorney assistant so i was have to ask about it

[aaron2020 11,651]

when i heard that it seems non sense to me but i heard it from attorney assistant so i was have to ask about it

It might not be a good idea to work with a law office that gives out false information.

[Ian H. 207]

Actually, the child wouldn't need a visa anyway if born after the mom's visa is issued. So you shouldn't risk becoming a USC before your wife's visa is issued, otherwise you will need to file a separate petition for the child.

It doesn't matter if the baby won't be a USC yet, the important thing is that he can travel with your wife. It all depends on when the baby is born.

If born before the visa is issued he can be added to your wife's case without issue. The baby will need a passport, BC, and whatever else is required for a child immigrant.

If born after the visa is issued, he would still need a passport and some sort of letter that the embassy gives in these kind of situations. In either case, it's not an issue. Good luck.