I 130 for new born

[Mido2019 0]

Hello guys,

 

Spouse having a child while I 130 is pending. Do you have to submit another I 130 for new born when the one for your spouse is on pending? 

[payxibka 10,047]

1 minute ago, Mido2019 said:

Hello guys,

 

Spouse having a child while I 130 is pending. Do you have to submit another I 130 for new born when the one for your spouse is on pending? 

Will the child be eligible for us citizenship?

 

If yes, then no.  If no, then yes.

Edited April 11, 2019 by payxibka

[Mido2019 0]

No. Is born outside and the parents aren't US citizens

[JFH 12,191]

So what visa category is the spouse? Is it one that allows dependents?

[Khallaf 650]

13 minutes ago, Mido2019 said:

No. Is born outside and the parents aren't US citizens

is the person in the US a LPR? if yes, then yes the parent inside the USA would need to file for the infant. 

Edited April 11, 2019 by Khallaf

[payxibka 10,047]

2 minutes ago, Khallaf said:

is the USC a LPR? if yes, then yes the parent inside the USA would need to file for the infant. 

A USC is never an LPR

[SusieQQQ 11,587]

3 minutes ago, Khallaf said:

is the USC a LPR? 

What?!

[Khallaf 650]

 

Just now, payxibka said:

A USC is never an LPR

sorry I correct it. fingers too fast and I didn't proof read it my bad  

1 minute ago, SusieQQQ said:

What?!

I fixed it typed too fast

[payxibka 10,047]

5 minutes ago, Khallaf said:

is the person in the US a LPR? if yes, then yes the parent inside the USA would need to file for the infant. 

Actually, if I am not mistaken,  an i130 filed by an LPR for a spouse allows derivative benefits to children 

[SusieQQQ 11,587]

11 minutes ago, Khallaf said:

is the person in the US a LPR? if yes, then yes the parent inside the USA would need to file for the infant. 

No, all non-IR family catgeories (which include all those filed by LPRs) allow derivatives.  

However if this person (mom to be) has a spouse she can’t be beneficiary of any LPR’s petition  other than if LPR  spouse.

Edited April 11, 2019 by SusieQQQ

[Khallaf 650]

1 minute ago, payxibka said:

Actually, if I am not mistaken,  an i130 filed by an LPR for a spouse allows derivative benefits to children 

I was not aware of that, I thought they had to be listed on the actual petition 

[SusieQQQ 11,587]

Just now, Khallaf said:

I was not aware of that, I thought they had to be listed on the actual petition 

They get added when relevant. They don’t need separate i130s filed, only one i130 for principal. 

 

[Khallaf 650]

Just now, SusieQQQ said:

They get added when relevant. They don’t need separate i130s filed, only one i130 for principal. 

 

okay thank you

[Mido2019 0]

The father is LPR who filled I 130 for his wife. I 130 is on pending, but they got a child in Nigeria. Do they have to file another I 130 for the new born?

[payxibka 10,047]

1 minute ago, Mido2019 said:

The father is LPR who filled I 130 for his wife. I 130 is on pending, but they got a child in Nigeria. Do they have to file another I 130 for the new born?

No

 

Is the father going to gain us citizenship anytime soon?

Edited April 11, 2019 by payxibka