Approved I-130 for spouse but she just gave birth

[fqadri 8]

How do I notify USCIS as my wife’s petition just got approved and she just gave birth last week. I’ve been a citizen for less than 5 years so baby does not qualify for naturalization by birth. What’s the process

[Boiler 45,348]

I presume you will want to petition your child as you did your wife?

[fqadri 8]

I’m not Sure what the process is? So any help will be appreciated. 

[Boiler 45,348]

Essentially it is the same as you did for your wife, the Guides here on VJ will help.

[fqadri 8]

But since her petition is approved do I have to wait another year for my newborns petition approval. 

[Boiler 45,348]

Assuming they are both travelling together. You can seek an expedite, delay her process.

[geowrian 22,337]

1 hour ago, fqadri said:

I’ve been a citizen for less than 5 years so baby does not qualify for naturalization by birth.

You need 5 years of physical presence in the US (at least 2 of which are age 14+) AND to be a US citizen. The requirement is not to be a USC for 5 years. Any time in the US counts.

Check again if you qualify to pass citizenship to the child. If so, the child with go through the CRBA process and get a US passport instead.

Edited February 7, 2020 by geowrian

[fqadri 8]

I only got my US citizenship 2.5 years ago so the  baby would not qualify. 

[geowrian 22,337]

Just now, fqadri said:

I only got my US citizenship 2.5 years ago so the  baby would not qualify. 

How long ago you got US citizenship is not the determining factor. You could get US citizenship today and the birth could occur tomorrow and the child might qualify for US citizenship.

Count all the time you spent physically within the US, including prior to citizenship.

 

If you do actually qualify to pass citizenship, filing the I-130 will just result in a $535 hole in your pocket and unnecessary delay.

[txdoc 35]

3 hours ago, fqadri said:

I only got my US citizenship 2.5 years ago so the  baby would not qualify. 

You do not have to be citizen for 5 years to transfer citizenship; as long as you were present in the US for 5 years, and are a US citizen, the citizenship will transfer. You have to file a Consular Report of Birth Abroad (CRBA) with the Embassy/consulate there.

[geowrian 22,337]

Physical presence requirements, directly from the FAM, for reference: https://fam.state.gov/FAM/08FAM/08FAM030107.html

Quote

8 FAM 301.7-3(B)  What Constitutes U.S. Physical Presence

(CT:CITZ-15;   01-23-2019)

a. Current practice:

(1)  The INA does not define "physical presence," but the Department interprets it as actual bodily presence.  Any time spent in the United States or its outlying possessions, even without maintaining a U.S. residence, may be counted toward the required physical presence;

(2)  Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized, regardless of their status.  Even citizens who, prior to lawful entry and naturalization, had spent time in the United States illegally can include that time;

AKA: Any time counts, even before having a green card...even unlawful presence.

[African Zealot 1,455]

12 hours ago, fqadri said:

I’ve been a citizen for less than 5 years so baby does not qualify for naturalization by birth.

Ignore. Already addressed by geowrian.

 

Edited February 7, 2020 by Ray.Bonaquist

[ABHM 2]

Your child is a US citizen. Just apply for his/her passport at the nearest US embassy or consulate. You have clearly met the 5 year residence rule.

Edited February 7, 2020 by ABHM

[geowrian 22,337]

10 minutes ago, ABHM said:

Your child is a US citizen. Just apply for his/her passport at the nearest US embassy or consulate. You have clearly met the 5 year residence rule.

Most likely.

There are a few circumstances where they may not have resided in the US for 5+ years. Even without that, there's the possibility that the spent time both before and after obtaining citizenship outside the US.

 

The OP really needs to count the days they spent physically within the US as of the date the child is born. If that is 5 years or more, then the child will need a CRBA and US passport.

If not, they will need an I-130 and IR-2 visa. They will become a USC upon entry on that visa and within the care of the OP.

[TrustWorthy2019 13]

14 hours ago, txdoc said:

You do not have to be citizen for 5 years to transfer citizenship; as long as you were present in the US for 5 years, and are a US citizen, the citizenship will transfer. You have to file a Consular Report of Birth Abroad (CRBA) with the Embassy/consulate there.

I agree with this! Your child should be eligible for citizenship as of now. If you have been present in the US for 5years before your citizenship..All you have to do is fill up the paper work for Certificate of birth abroad..