Child of USC

[M.F 1]

Dear Vj Members,

I have a question..Please help me

Me and my spouse has filed to I-130 and it has gone through all the process and i got my visa. However during the processing time we are blessed with a baby and unfortunately we forgot to update that in our process, and now i am in US and my wife is in India along with the baby. She statyed back because she wants to complete her education.

Now she has completed her education and wants to comeback out baby couldn't get the US passport because my wife didn't stay in US for more than a 1 year after she completed 14 yrs.

Can anyone please advice would be better if we can get a tourist visa for our child and then apply for a status adjustment so that it could be quick or do we have to file I-130 along with G-325A form and how much would be the wait time for a baby.

Could anyone please throw some light on this?

Thank you,

M.F

[canadian_wife 1,822]

I am going to assume, and will be corrected if I am wrong, that a child (like an adult) cannot use a tourist visa to come to the U.S. with intentions of immigrating.

I'm sorry you were unaware or unprepared for the U.S. derivative citizenship process. Another immigrant petition will need to be filed for the child.

Good luck

[EM_Vandaveer 2,408]

Check out this thread.

I am not sure if this is applicable in your case, but find out if you can get a "baby transportation letter".

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/?hl=%20baby%20%20transportation%20%20letter

[Anitafeliz 1,133]

Check out this thread.

I am not sure if this is applicable in your case, but find out if you can get a "baby transportation letter".

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/?hl=%20baby%20%20transportation%20%20letter

I belive one has to be a United States citizen and if I am reading his OP he's here through her and she never received a US passport

Anyway had she been a citizen the child would be a citizen and she could just file for a passport....

But I could be wrong....

If she's a USC she needs to contact the consulate apply for CRBA that's what I did with my child she was born in DR I'm American by birth...

Edited June 11, 2016 by Anitafeliz

[M.F 1]

Thanks for your help...

Can you tell me what are the forms required to be submitted for filing for our baby she just turned 1?

Do you have any idea how long does it taked for the process of infants?

Thank you,

MF

[Anitafeliz 1,133]

Is mom an LPR OR USC

[EM_Vandaveer 2,408]

I belive one has to be a United States citizen and if I am reading his OP he's here through her and she never received a US passport

Anyway had she been a citizen the child would be a citizen and she could just file for a passport....

But I could be wrong....

If she's a USC she needs to contact the consulate apply for CRBA that's what I did with my child she was born in DR I'm American by birth...

Not every USC can get a CRBA for their child. OP said in their first post that the USC parent in this case does NOT fulfill the physical presence requirements.

[JFH 12,190]

I belive one has to be a United States citizen and if I am reading his OP he's here through her and she never received a US passport

Anyway had she been a citizen the child would be a citizen and she could just file for a passport....

But I could be wrong....

If she's a USC she needs to contact the consulate apply for CRBA that's what I did with my child she was born in DR I'm American by birth...

The mother is a USC but cannot pass citizenship to the child automatically because she has not spent enough time in the USA.

[Anitafeliz 1,133]

The mother is a USC but cannot pass citizenship to the child automatically because she has not spent enough time in the USA.

Oh I see ok....

[newacct 688]

To confirm, the baby was born in wedlock, and if you take all the (not necessarily continuous) periods of time your wife (the USC) was physically present in the US any time in her life after she turned 14 and before the birth of the baby, and sum them all up, it's less than 2 years?

[EM_Vandaveer 2,408]

OP contact the Embassy and ask them if they would put a "baby transportation letter" known as "NA-3 (BABY)" in the baby's foreign passport.

Edited June 12, 2016 by EM_Vandaveer

[NikLR 13,227]

A petition for a child takes about the same as a spouse, 1 year.

[jan22 3,056]

OP contact the Embassy and ask them if they would put a "baby transportation letter" known as "NA-3 (BABY)" in the baby's foreign passport.

This is not possible in this case. It only applies to a child born to a legal permanent resident on a temporary visit outside the US. I believe the mother in this case is the US citizen. They will have to apply for an immigrant visa for the child. The good news is that a) India offers DCF in New Delhi, which will make the process faster, and b) the baby will be a US citizen once admitted to the US on the immigrant visa.

[M.F 1]

Can anyone please tell what are all the documents that are required to start the immigration process. I knew some of them. Please add if i am missing anything.

Parents Passport Copies.

Baby's Passport Copy

Baby's 4 pictures of 2x2

Baby's Birth Certificate.

I-130

I have a question do we have to submit some other forms along with I-130? Can you please name the form that has to be submitted along with I-130

Thank you very much for all your replies.

Regards,

MF

Is mom an LPR OR USC

Mom is USC.

[NikLR 13,227]

Uhm. for a child?

I-130, copy of marriage certificate, copy of birth certificate of child and that's it. No passport copies etc...

At the NVC stage you will have the mostly same things as the mom has, DS-261, DS-260, I-864w (because the child will be a USC when they arrive in the USA.) bio data page of passport, copy of birth certificate. That's it.

Edited June 15, 2016 by NLR