Child born after I-130 approved

[Roel 7,192]

20 minutes ago, mypcool said:

And being due in September we may be messed up either way... 

 

Also do you think that we can be expedited for this reason? Not just the pregnancy, it would affect the schools, jobs and the pregnancy. 

No. It's too bad but in the end, USCIS is not responsible for poor planning. I mean you can always try but it's not a qualifying reason. 

Immigration affect schools and jobs all the time. 

[Boiler 45,670]

Looking back on your timeline you were c 6 months late in applying for every thing to line up with your 2019 timeline and give you space for anything that might go wrong. I think we go back to maybe, your wife of course can move when she wants to so she has flexibility.

 

Thinking more about the sponsorship that person has to be a USC or LPR so I think you do need to a Joint.

[Crazy Cat 41,981]

7 minutes ago, Boiler said:

Thinking more about the sponsorship that person has to be a USC or LPR so I think you do need to a Joint.

Concur.

[mypcool 5]

5 minutes ago, Roel said:

No. It's too bad but in the end, USCIS is not responsible for poor planning. I mean you can always try but it's not a qualifying reason. 

Immigration affect schools and jobs all the time. 

Agreed. In my defence at the time of my application the timeline on the USCIS site was 5 -7 

 

months. It took 9!

 

In fact when we decided to make the move in april 2018 people advising me at the time told me to only start in October. I did my own research (Thanks VJ) and submitted everything within 2 weeks. 

 

8 minutes ago, Boiler said:

I think we go back to maybe, your wife of course can move when she wants to so she has flexibility.

That really may be what we will do... which is pretty crazy with a family of 3 kids already. 

 

9 minutes ago, Boiler said:

Thinking more about the sponsorship that person has to be a USC or LPR so I think you do need to a Joint.

Thanks for the heads up on that. Ill look into it. 

[LilyJ 1,258]

2 hours ago, mypcool said:

She never lived in the US and therefore cant just file for a birth abroad.

But you are the father of the children, yes? And you are a US citizen, yes? So your children are still eligible for CRBA for US citizenship in that case, whether the mother has lived in the US or not.

Edit: My bad, I just read that your wife is the US petitioner, right? But this would still mean that she would have to be a citizen or at least a LPR of the US in order to sponsor for you, if she is the petitioner and you are the Canadian beneficiary, no?

Edited April 9, 2019 by LilyJohansen

[mypcool 5]

4 minutes ago, LilyJohansen said:

But you are the father of the children, yes? And you are a US citizen, yes? So your children are still eligible for CRBA for US citizenship in that case, whether the mother has lived in the US or not.

4 minutes ago, LilyJohansen said:

My bad, I just read that your wife is the US petitioner, right? But this would still mean that she would have to be a citizen or at least a LPR of the US in order to sponsor for you, if she is the petitioner and you are the Canadian beneficiary, no? 

 

Unfortunately I am not a USC. I am going through the process as well. 

 

My wife is a USC but never lived in the US. If she did then she would have been able to file for a birth abroad and made my children USC automatically. 

 

She is the Citizen and I and my children are the beneficiaries 

Edited April 9, 2019 by mypcool

[LilyJ 1,258]

2 minutes ago, mypcool said:

Unfortunately I am not a USC. I am going through the process as well. 

Is your wife a USC? How is she petitioning for you?

[mypcool 5]

1 minute ago, LilyJohansen said:

Is your wife a USC? How is she petitioning for you?

She is. We are applying for a CR-1 Visa for myself and our children. 

[LilyJ 1,258]

3 minutes ago, mypcool said:

She is. We are applying for a CR-1 Visa for myself and our children. 

If she is a US citizen then the children should be eligible for CRBA regardless as far as I know

Edited April 9, 2019 by LilyJohansen

[mypcool 5]

4 minutes ago, LilyJohansen said:

If she is a US citizen then the children should be eligible for CRBA regardless as far as I know

Here is a quote from the embassy website. remember that only one of us are USC and she never lived in the US

 

Quote

A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen.

 

Edited April 9, 2019 by mypcool
clarity

[Boiler 45,670]

8 minutes ago, LilyJohansen said:

If she is a US citizen then the children should be eligible for CRBA regardless as far as I know

Nope, this has been covered.

[LilyJ 1,258]

Just now, mypcool said:

Here is a quote from the embassy website. remember that only one of us are USC. 

 

 

Ah I see, learn something new every day, did not know about having to live in the US for 5 years to qualify children for CRBA, that's unfortunate. Either way, hopefully the process goes smoothly and quickly for your family. Should the baby be born before you and the children get their visas and move, you will probably have to notify the CO at the interview and they will most likely guide you from there on getting the baby into the US as well, hopefully with no hiccups. 

[mypcool 5]

Just now, LilyJohansen said:

Should the baby be born before you and the children get their visas and move, you will probably have to notify the CO at the interview and they will most likely guide you from there on getting the baby into the US as well, hopefully with no hiccups. 

Hopefully its that easy... 

 

 

In case anyone is reading this later. To be clear there is no "dependance" for the CR-1 like there is for most other visa types. Meaning you can't just tack on new children but each needs their own application. 

 

  

[Boiler 45,670]

Just now, mypcool said:

Hopefully its that easy... 

 

 

In case anyone is reading this later. To be clear there is no "dependance" for the CR-1 like there is for most other visa types. Meaning you can't just tack on new children but each needs their own application. 

 

  

Pretty sure most people know that.

[mypcool 5]

1 minute ago, Boiler said:

Pretty sure most people know that.

That maybe true but I didn't want someone to read the post before (quoted below) and get any doubts. Its ambiguous.

7 minutes ago, LilyJohansen said:

Should the baby be born before you and the children get their visas and move, you will probably have to notify the CO at the interview and they will most likely guide you from there on getting the baby into the US as well