I-130 petition approved, but my wife is pregnant now !

[Khaldoun307 0]

Hi All,

I am US citizen married to a non-US and have two kids. Last year we decided to move to the US in order to get the boys ready for college. I filled the I-130 petition and received the approval last December. I was planning to go ahead and start the NVC process this Feb. when we discovered that my wife is pregnant! The problem is, the baby won't be born till Oct. and we only have until Dec. to complete the NVC process before the applications expire!  

 I searched the net and apparently, I can't buy her an insurance to deliver the baby in the US since she is already pregnant and without any insurance, it will cost a fortune which I can't afford! taking in consideration that she has an insurance here which allows her to deliver the baby at no cost.

What should I do now? should I wait for the baby to be born but by that time I have to resubmit the petition for the whole family again? or should we get the NVC process done and got the visas and after she got her green card she can travels back home and deliver the baby and then file an I-130 petition for the baby by himself? 

Thank you  

[canadian_wife 1,823]

Assuming you are a US citizen, the baby will have claims to US citizen and will not have an I130 filed for him/her.  The baby will need a Consular Report of Birth Abroad and will acquire US citizenship before it leaves for America.  Please look in to what's involved in the CRBA.

 

Many Canadians delay their visas to birth in the Canada for insurance reasons.  Canada's socialized medicine makes it very attractive to do so.  Why would you have to submit the entire petition again?  Why not go through NVC and delay at the interview stage?

 

Good luck 

[Khaldoun307 0]

11 minutes ago, canadian_wife said:

Assuming you are a US citizen, the baby will have claims to US citizen and will not have an I130 filed for him/her.  The baby will need a Consular Report of Birth Abroad and will acquire US citizenship before it leaves for America.  Please look in to what's involved in the CRBA.

 

Many Canadians delay their visas to birth in the Canada for insurance reasons.  Canada's socialized medicine makes it very attractive to do so.  Why would you have to submit the entire petition again?  Why not go through NVC and delay at the interview stage?

 

Good luck 

Hi,

Thank you much for your reply.

I am not sure if the baby will be entitled for CRBA since I don't fulfill the 5 years required foe acquiring citizenship. Do you think is there any way to issue an immigration visa for the baby along with the mother without going through the I-130 process? 

Thank you again. 

[pm5k 129]

Are your parents US citizens?  There is a provision that allows a child to be entitled to CRBA through their grandparents time in the US (physical presence) as citizens.  

 

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

 

Besides that, do you or your wife hold Emirati (or any other) citizenships?

Edited February 23, 2017 by pm5k

[Khaldoun307 0]

On 2/23/2017 at 7:19 PM, pm5k said:

Are your parents US citizens?  There is a provision that allows a child to be entitled to CRBA through their grandparents time in the US (physical presence) as citizens.  

 

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

 

Besides that, do you or your wife hold Emirati (or any other) citizenships?

 

Hi,

Thank you for your reply. 

No, none of my parents hold a US citizenship! Unfortunately, we are originally Syrians ( which currently doesn't help at all  ).