Add a newborn to i-130 in nvc stage

[Kamh 0]

iam American citizen by birth who didn't live in USA,  i applied for Cr1 visa for my spouse on the 22nd of December 2016, i was pregnant & we mentioned that in our case file in the USCIS by doc from the doctor, i delivered my child on the 16th of April 2017 before USCIS approval on the 21st of September 2017, now i need to add my daughter to my spouse case in order to immigrate all together in the same time!!what should I do?

Edited April 13, 2018 by Khaled salem

[aleful 1,905]

you can't. there are no derivatives in spouses of a USC. you will need to file a new i130 for your daughter

 

you can try to expedite the case, but no one knows if it will be possible. if not, then you will have to delay your spouse's case until they are both at the NVC stage

 

 

[Kamh 0]

But on NVC website it seems that I could add my baby to my husband's case as a derivative as shown below!!

thanks in advance

[NikLR 13,232]

28 minutes ago, Kamh said:

But on NVC website it seems that I could add my baby to my husband's case as a derivative as shown below!!

thanks in advance

There are no derivatives in your Visa category. 

[Maggie wallace 4]

I think if you are a US citizen your child is a US citizen . Go to the US citizens service in the embassy and ask to issue her a passport and see what they are going to say . 

[jan22 3,064]

29 minutes ago, Maggie wallace said:

I think if you are a US citizen your child is a US citizen . Go to the US citizens service in the embassy and ask to issue her a passport and see what they are going to say . 

In the original post, the OP said she was an "American citizen by birth who didn't live in the USA".  I think it likely means that she does not meet the physical presence requirements to transmit her US citizenship to her child.

[pushbrk 13,114]

If that is the case, the smart thing to have done was to be in the USA when the child was born.  Since that is water under the bridge, a new I-130 needs to be filed for the child.  When the child's case gets to NVC, they can proceed with both spouse and child visa applications.  The spouse will receive a green card upon US entry, while the child will be a US Citizen and can simply apply for a passport after US entry on the IR2 visa.

[pushbrk 13,114]

On 4/14/2018 at 5:47 AM, Kamh said:

But on NVC website it seems that I could add my baby to my husband's case as a derivative as shown below!!

thanks in advance

The above does not apply to any visa category for the immediate relative of a US Citizen.  The devil is in the details.

[deafguy72 99]

On 4/13/2018 at 5:23 PM, Kamh said:

iam American citizen by birth who didn't live in USA,  i applied for Cr1 visa for my spouse on the 22nd of December 2016, i was pregnant & we mentioned that in our case file in the USCIS by doc from the doctor, i delivered my child on the 16th of April 2017 before USCIS approval on the 21st of September 2017, now i need to add my daughter to my spouse case in order to immigrate all together in the same time!!what should I do?

I'm a USC living overseas and applied CRBA for my 2 little boys. They are dual citizens with both US and Philippine passports. Why not you do the same?  

[aywang 169]

36 minutes ago, deafguy72 said:

I'm a USC living overseas and applied CRBA for my 2 little boys. They are dual citizens with both US and Philippine passports. Why not you do the same?  

One of the requirements for CRBA is to that the US citizen parent must have resided in the US for 5 years, 2 of which after the age of 14.  If she was only citizen by birth and has never lived in the US, she cannot transmit citizenship to her child. 

Edited April 21, 2018 by aywang

[deafguy72 99]

7 minutes ago, aywang said:

One of the requirements for CRBA is to that the US citizen parent must have resided in the US for 5 years, 2 of which after the age of 14.  If she was only citizen by birth and has never lived in the US, she cannot transmit citizenship to her child. 

I misread that part. Thanks for clarify with that