New born baby

[shoaibmanai 0]

I applied for my wife's immigration to US from Pakistan. Our I-130 is currently under processing.

My wife's green card was in process and she is expecting a baby. My concern is if the immigration status is approved after the baby is born what will happen? Can we apply something for the baby to come immediately to US without having to go through the hassle of I-130 which would take another 8-9 month? I am a US citizen but have not lived in US for more than 5 years, my baby will not get US citizenship on birth, hence a Pakistani national.

A concerned new father

[Merrytooth 5,748]

You can read up this thread and see what apply to you.

http://www.visajourney.com/forums/topic/497068-4-month-old-baby-to-travel-with-his-mom-after-she-got-accepted-for-an-ir-1-visa/page-1

[Mark88 183]

You don't have to have lived in the US for 5 years as a USC, just living in the US under a legal status (visa, greencard...) also count towards your physical presence requirements.

[shoaibmanai 0]

So basically you are saying that I can apply for Consular Report of Birth Abroad (CRBA)? How long does that take?

[Mark88 183]

If you fulfill the phyisical presence requirements, then yes. 30-60 minutes.

[shoaibmanai 0]

and if I dont? is there any other option besides I-130?

[Mark88 183]

See this:

An immigrant visa petition has been filed on my behalf. I now have a child. Can my child be added to my application? What if I am expecting to have a baby after the immigrant visa is issued?

If your child's mother or father is an American citizen, the child may have a claim to U.S. citizenship. Please see the American Citizen Services page for additional information. If your child has no claim to U.S. citizenship, it may be possible for the child to derive status from the immigrant visa petition filed. You should notify the Immigrant Visa Unit in writing of the birth of your child.

A child born after the issuance of an immigrant visa may not need a visa to accompany the parent to the U.S. To travel on the visa holder's document, the child has no claim to U.S. citizenship and both visa holder and child travel together within the period of validity of the visa. You must be prepared to present your child's full birth certificate showing parents' full names (along with an English translation) to an immigration inspector at the port of entry. You must also have a valid travel document for the child.

Source: US Consulate Hong Kong FAQ's http://hongkong.usconsulate.gov/iv_faq.html#b03

[shoaibmanai 0]

Thank you. This gives me a sigh of relief but I am still stressed out due to this

[EM_Vandaveer 2,408]

See this:

An immigrant visa petition has been filed on my behalf. I now have a child. Can my child be added to my application? What if I am expecting to have a baby after the immigrant visa is issued?

If your child's mother or father is an American citizen, the child may have a claim to U.S. citizenship. Please see the American Citizen Services page for additional information. If your child has no claim to U.S. citizenship, it may be possible for the child to derive status from the immigrant visa petition filed. You should notify the Immigrant Visa Unit in writing of the birth of your child.

A child born after the issuance of an immigrant visa may not need a visa to accompany the parent to the U.S. To travel on the visa holder's document, the child has no claim to U.S. citizenship and both visa holder and child travel together within the period of validity of the visa. You must be prepared to present your child's full birth certificate showing parents' full names (along with an English translation) to an immigration inspector at the port of entry. You must also have a valid travel document for the child.

Source: US Consulate Hong Kong FAQ's http://hongkong.usconsulate.gov/iv_faq.html#b03

No derivatives on immediate relative petitions.

[shoaibmanai 0]

Back to square one

[EM_Vandaveer 2,408]

How long have you been living in the US?

[shoaibmanai 0]

Three and half years out of which only 3 months after the age of 14.

I was going through the USCIS website and found this:

Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.

Your spouse and/or children may be eligible for following-to-join benefits if:

• The relationship existed at the time you became a permanent resident and still exists, AND
• You received an immigrant visa or adjusted status in a preference category.

If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• Form I-824, Application for Action on an Approved Application or Petition
• A copy of the original application or petition that you used to apply for immigrant status
• A copy of Form I-797, Notice of Action, for the original application or petition
• A copy of your Form I-551 (green card)

[aleful 1,905]

hi

that doesn't apply to you because there aren't any derivatives for spouses of a USC, children are filed separately

so if you don't qualify for CRBA, you will have to file an i130 for your baby. you can slow down your wife's petition so they can come together

Edited August 31, 2016 by aleful

[shoaibmanai 0]

That is precisely what I am trying to avoid and not filing I-130.

[aleful 1,905]

hi

you only have two choices, or CRBA or the i130,