I-130 for baby who wll be a U.S. citizen?

[Enigma11561 336]

Simply: My step son is an LPR filng an i-130 for is wife who is overseas .Married over 2 years. He also has a new born daughter. He has  filed his N-400 for US citizenship back in October 2016 and should have his interview in about 2-3 months. Does he still need to file a separate I-130 for the baby which is about 3 months old since, ( may not be sure about this) that once he becomes a citizen the baby automatically becomes a citizen as well? And therefore an additional I-130, and the expense associated with it, is no longer necessary? Appreciate all replies. Thanks.

[Penguin_ie 5,993]

Yes the baby will need a visa; it was born before he becomes a citizen, thus is NOT a citizen at birth,

[aleful 1,905]

yes, he will need a petition for his son

 

since he decided to become a USC, he will need a separate petition for his son, since there are no derivatives

 

if he had maintained his LPR status until his wife came, his son would have come as his wife's derivative and both would be coming now,

 

the son will derive citizenship once his father becomes a USC and the child is in the country, but before that, he has to petition him to be able to come here

 

 

[Enigma11561 336]

So i his specific case, ( I am the original OP here) even though his wife's I-130 must list the baby, he still needs to submit a second I-130 for the baby and pay a second fee?

[JFH 12,190]

40 minutes ago, Enigma11561 said:

So i his specific case, ( I am the original OP here) even though his wife's I-130 must list the baby, he still needs to submit a second I-130 for the baby and pay a second fee?

That is correct.