How to bring to newborn to US for (US citizen mother outside US)

[Elshayt 7]

Background

my wife is US citizen living outside US

December 2016:    we file I-130 form for me

July 2017:              we get our first baby outside US (but baby will not get citizenship by birth because my wife didn't have 5 years of physical residence )

August 2017:          our I-130 petition approved and forwarded to NVC , i have contact NVC to add new baby to petition to have green card

                               NVC answer that this kind of visa has no derivative visas , so we must submit new petition for baby and start from a beginning 

 

 

when my visa will issue i must travel with my wife to US within 6 months and leave our baby here in Egypt until her petition finish (How comes ????)

or wait until my baby petition approved my visa may be expired !!!!

 

what i have to do???

 

[milimelo 4,477]

Your wife has to file I-130 for her child. You can then try to expedite it with USCIS and in the meantime stall your processing in NVC until the child's petition makes it there as well. 

[pushbrk 12,882]

Correct.  Slow down processing of your case at NVC until the child's shows up.  Months ago, when you knew your wife was pregnant or sooner, would have been a better time get these facts.

[Elshayt 7]

Just now, milimelo said:

Your wife has to file I-130 for her child. You can then try to expedite it with USCIS and in the meantime stall your processing in NVC until the child's petition makes it there as well. 

 

Just now, pushbrk said:

Correct.  Slow down processing of your case at NVC until the child's shows up.  Months ago, when you knew your wife was pregnant or sooner, would have been a better time get these facts.

 

Thanks Milimelo , and Thanks Pushbrk

i will go for filling i-130 as you recommended , but what is your opinion to file also i-129F for K4 visa 

i know may be no big difference lead time of two  , but i afraid to wait more for i-130 special my i-130 file take 9 months in Nebraska service center

 

kindly advice  

[pushbrk 12,882]

The K4 visa is out of the question.  Even if the K3 was still available, it's too late to get an I-129F approved for YOU.  You cannot file an I-129F for a child.  K3 and K4 go together and result from an I-129F for the spouse.  It's going to take as long as it takes.  You are in this situation because a child not entitled to US Citizenship was born during your process.  This was avoidable.  Since it wasn't avoided, you deal with it one way and one way only.