Bringing child to the united states alongside my spouse

[bnation_86 17]

Hello please I need help. My son was born before I became a USA citizen and he doesn't qualify to automatically be a us citizen... Now I have petitioned for my wife and intended not to bring my son . I have a change of mind now and I have decided to petition for my boy who is one year old . my wife will soon go for interview in Ghana embassy and my son case has not yet been approved . can my son still come along with my wife? I need help

[NikLR 13,232]

You will have to file an I-130 for your son have you done that?  You can request an expedite based on the fact that his mother has an interview soon.  Your son cannot interview with his mother because he doesn't the necessary information and documents filled out at this time. 

[Coco8 1,042]

Why would you leave a baby in Ghana? 

 

You need to submit the i-130 as said above and put an expedite on it. It should not be a problem. 

[bnation_86 17]

I'm yet to apply for him hopefully on Monday . I didn't apply for him because I thought he would be a Us citizen after I naturalize but it doesn't work that way. Thanks a lot for the feedback . I will submit the I 130 asap

[bnation_86 17]

. Expedite Criteria ^[1]

 

USCIS may expedite a petition or application if it meets one or more of the following criteria:

•Severe financial loss to company or person;

•Emergency situation; ^[2] 

•Humanitarian reasons; ^[3] 

•Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States; ^[4] 

•Department of Defense or national interest situation; ^[5] 

•USCIS error; or

•Compelling interest of USCIS

this is the conditions where they can expedite i130 

[Coco8 1,042]

2 hours ago, kubi_gyasi said:

I'm yet to apply for him hopefully on Monday . I didn't apply for him because I thought he would be a Us citizen after I naturalize but it doesn't work that way. Thanks a lot for the feedback . I will submit the I 130 asap

 

I am guessing the baby was born after you submitted the forms for your wife (since it takes 2 years for spouses of permanent residents). 

 

Thinking about that, you might not need a i-130. Call NVC and ask them if you can add the child to your wife's petition with the birth certificate. That might be enough. That is what other people seem to have done (you can search on VJ). 

 

Because the baby is a derivative of your wife's petition, the baby does not need a petition. 

 

You should call on Monday. 

Edited November 25, 2017 by Coco8

[Nitas_man 3,100]

2 hours ago, Coco8 said:

 

I am guessing the baby was born after you submitted the forms for your wife (since it takes 2 years for spouses of permanent residents). 

 

Thinking about that, you might not need a i-130. Call NVC and ask them if you can add the child to your wife's petition with the birth certificate. That might be enough. That is what other people seem to have done (you can search on VJ). 

 

Because the baby is a derivative of your wife's petition, the baby does not need a petition. 

 

You should call on Monday. 

He will need his own petition.

[bnation_86 17]

YES! he was born in nov 2016 and i petitioned for his mom in feb 2017 when i was Alien Resident .. I called USCIS to update when i became a Us citizen moving her case from F1 Category to IR1 meaning i have to file another petition for my son. here is the case my wife is about to go for interview for her visa and yet to file a petition for my son .  my son is only 1 year old and i dont wanna leave him behind i want to know if the embassy will issue him or not since he is a minor 

[geowrian 22,338]

6 hours ago, Coco8 said:

I am guessing the baby was born after you submitted the forms for your wife (since it takes 2 years for spouses of permanent residents). 

 

Thinking about that, you might not need a i-130. Call NVC and ask them if you can add the child to your wife's petition with the birth certificate. That might be enough. That is what other people seem to have done (you can search on VJ). 

 

Because the baby is a derivative of your wife's petition, the baby does not need a petition.

OP is  a USC now, and it looks like the petition was upgraded to a CR-1/IR-1 category. As such, derivatives no longer apply and a separate petition is needed.

Edited November 25, 2017 by geowrian

[Jeanne Adil 1,651]

Did you include the baby's name under children of spouse?

Or leave it blank like there was no children?

[bnation_86 17]

adil-rafa 

yeah! i added his name