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Posted
3 minutes ago, amiralam45 said:

Thanks for the reply, So what is your suggestion?

That's the tough piece, huh? I concur that contacting the embassy would be the best course of action. See if they can add the child to the existing case and issue the visa. But I don't think the child can enter without a visa if they were born before the visa was issued...that just sounds like a gap that other people could use to exploit the process and bypass fees (visa fee, medical, etc.).

 

Please keep us updated. Best wishes!

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: Timeline
Posted (edited)

The other question to ask the embassy is whether your wife can still enter the US on an F2 Visa. Now that you are naturalized, the correct visa would be an IR-1.  If you had naturalized prior to your wife's visa interview, you would have needed to upgrade the petition to an IR-1. You would then need to file an i-130 petition for your son for an IR-2 visa. See https://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html#5 for more information.  Since the naturalization occurred after the visa was issued, I'm not sure how it should be handled. But there may be serious questions about it at the Port of Entry that you should be ready for.

 

Since your son was born before your wife's visa was issued, he will need a visa to enter the United States. If your wife no longer qualifies for entry as an F2, since you are naturalized, then your son cannot come on a derivative visa as part of her petition. You will need to file a separate i-130 petition for him.

Edited by jan22
Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted

Embassy just replid back with this.

 

Dear Sir/ Madam,

 

Thank you for your email. In order to move ahead and process this case, our office would like you to submit the following documents.

 

·         Birth certificate of new born baby

 

After receiving the document, we will add him in the case.

 

Immigrant Visa Unit,

Consular Section, American Embassy,

Islamabad, Pakistan

SN

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted
9 minutes ago, Coco8 said:

Maybe because first they will add him to the petition and they will ask for the passport later.

Right, maybe I should ask them if I should send my son passport too because courier service center is too far from my house. 

 
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