Can newborn son be added to my wife's application and F2A Interview question

[CanadianInTheUS 0]

Hello,

 

I've gotten conflicting information from 2 different immigration lawyers so wanted to ask here to see if anyone has been in this situation.

 

I am a US Permanent resident petitioning for my wife (Canadian Citizen.)  She DQ'd on May 6, 2020 and obviously we're still waiting for the interview due to the current ban.  She gave birth to our son in Nov, 2020.  When I reached out to my lawyer, they said we didn't need to do anything special and told us that when we finally got the Interview date, to just bring our newborn son to the interview and he would automatically be a derivative.  Today, I spoke to another immigration lawyer and was told that we actually need to inform NVC about our newborn son and fill out a DS-260 for him as well to be added to my wife's application.  So just wondering who is correct? Anyone know?  If it's the latter, how would I go about adding my son as an applicant and would this potentially push back our interview date even more?

 

Second question:

Is an F2A interview similar to IR1/CR1 interviews?  I was told that for an F2A interview, both of us would need to be at the interview and that we would be interviewed separately as they're trying to prove our marriage is real.  When looking at the IR1/CR1 Montreal FAQ (Google sheet someone shared in these forums), it states that only the applicant attends the interview and not the spouse.  Is there a similar FAQ for F2A interviews in Montreal?  I understand the interview is probably a ways out, but just wanted to be prepared.

 

Thanks

[aaron2020 11,651]

Your lawyer is wrong.  The second lawyer is correct.  You need to add your son as a derivative beneficiary by paying the fee and filing a DS-260.  The US Embassy is just going to magically grant your son a visa when your wife takes him to the interview without paperwork being filed.  Go back to the CEAC website and enter your wife's case and add your son as a derivative beneficiary.

Your wife's F2a interview will be similar to an IR1/CR1 spousal visa interview.  Who told you that both of you need to be at the interview?  That's simply wrong.  Only your wife needs to go to her interview.  You are not a part of her interview.  

Edited February 6, 2021 by aaron2020