US SPOUSE VISA FOR PREGNANT WIFE APPLICATION

[WiHub 0]

Hello guys. We are planning to start my spousal visa application this September and I am currently 4 months pregnant. My husband is a Lawful Permanent US Resident/Green Card Holder. How long does it take from the start of application to approval of petition, in average period? Another problem is, what if I give birth before the approval of my petition/visa? Do we need to file another visa application for the baby? Thank you in advance for your inputs. 

Edited September 2, 2018 by WiHub

[Sunnyland 639]

If your spouse in the US is a Green Card holder only, then the spouse petition will take about 2 years from start to finish. It's not gonna be finished before baby is born. What country are you from?

Edited September 2, 2018 by Sunnyland

[WiHub 0]

2 minutes ago, Sunnyland said:

If your spouse in the US is a Green Card holder only, then the spouse petition will take about 2 years from start to finish. It's not gonna be finished before baby is born. What country are you from?

I am from the Philippines. So, we need to file another petition for the baby after giving birth? 

[Roel 7,193]

19 minutes ago, WiHub said:

Hello guys. We are planning to start my spousal visa application this September and I am currently 4 months pregnant. My husband is a Lawful Permanent US Resident/Green Card Holder. How long does it take from the start of application to approval of petition, in average period? Another problem is, what if I give birth before the approval of my petition/visa? Do we need to file another visa application for the baby? Thank you in advance for your inputs. 

Don't worry about giving birth before approval. It's going to be good 2 - 3 years before that happens.

 

[JFH 12,191]

Approximately two years. Will your spouse become a citizen during that time? If so, the case can be "upgraded" and it will take around a year. 

 

In any event, the baby will be born before any visa is issued. If your spouse remains an LPR the baby will be added as a derivative on your visa. If your spouse becomes a USC then a separate visa is needed for the baby. 

 

Also, if your spouse became an LPR by virtue of marriage to a USC he has to be an LPR for 5 years before he can petition for you. 

[WiHub 0]

6 minutes ago, JFH said:

Approximately two years. Will your spouse become a citizen during that time? If so, the case can be "upgraded" and it will take around a year. 

 

In any event, the baby will be born before any visa is issued. If your spouse remains an LPR the baby will be added as a derivative on your visa. If your spouse becomes a USC then a separate visa is needed for the baby. 

 

Also, if your spouse became an LPR by virtue of marriage to a USC he has to be an LPR for 5 years before he can petition for you. 

Thank you JFH for this informative comment. My husband is living in the US and an LPR for almost 3 years now.

 

When you say derivative on my visa, how can we add the baby's info in the petition?

 

My husband became an LPR by virtue of Family Relative of USC.

[JFH 12,191]

35 minutes ago, WiHub said:

Thank you JFH for this informative comment. My husband is living in the US and an LPR for almost 3 years now.

 

When you say derivative on my visa, how can we add the baby's info in the petition?

 

My husband became an LPR by virtue of Family Relative of USC.

When the baby is born and you are at the stage of applying for the visa (that's a long way away) you can add the baby to the application.