A new baby after F2A application [edited title]

[Beejaybm 2]

Hello house. My spouse submitted an application in December 2022 to file for me and we had our baby in 2023. We mentioned in the application that we we’re expecting a baby and attached scans as proof. Our baby does not require a visa to visit the US. 

What do you advise? Should we

1. Send an additional documentation to add our baby to the application?( I’m not sure how this is done. If yes, how do we go about this?)

2. Should we wait till my application is all complete so we can do an adjustment of status for the baby when we relocate to the US since he can enter the US with his passport as a visitor without requiring a visa?

 

 Thanks 

Edited May 29, 2023 by TBoneTX

[Redro 4,611]

16 minutes ago, Mzdee said:

Hello house. My spouse submitted an application in December 2022 to file for me and we had our baby in 2023. We mentioned in the application that we we’re expecting a baby and attached scans as proof. Our baby does not require a visa to visit the US. 

What do you advise? Should we

1. Send an additional documentation to add our baby to the application?( I’m not sure how this is done. If yes, how do we go about this?)

2. Should we wait till my application is all complete so we can do an adjustment of status for the baby when we relocate to the US since he can enter the US with his passport as a visitor without requiring a visa?

 

 Thanks 

Where is the baby right now? In the US or in Canada? Where was the baby born? 

[powerpuff 6,685]

~~ Topic moved from CR1/IR1 spousal visa forum to Bringing Family members of permanent residents to America - this is not a CR1/IR1 case as the petitioner is not a USC, it is an LPR ~~
 

@Mzdee your case is not a CR1/IR1 since your husband is not a USC. Your case is F2A - spouse of of lawful permanent resident.This makes a big difference in advice that is given. CR1/IR1 cannot add children to their applications whereas F2As can. You should change your profile to reflect F2A instead of CR1/IR1.

 

39 minutes ago, Mzdee said:

1. Send an additional documentation to add our baby to the application?( I’m not sure how this is done. If yes, how do we go about this?)

I assume the case is still with USCIS. When it gets to NVC, the petitioner should inform them through their public inquiry form and attach the necessary documents.

 

39 minutes ago, Mzdee said:

Should we wait till my application is all complete so we can do an adjustment of status for the baby when we relocate to the US since he can enter the US with his passport as a visitor without requiring a visa?

No. Why do that when you can safely add the baby to the application (and you have plenty of time since it will take about 3-4 years from filing to visa in hand for F2A category) not to mention entering the US with an intent to adjust status is immigration fraud. CBP can, and probably will, refuse entry seeing that you have an immigrant vida and your child doesn’t 

Edited May 28, 2023 by powerpuff

[Boiler 45,449]

A visa for visiting is not a visa for immigrating.

[Beejaybm 2]

38 minutes ago, Redro said:

Where is the baby right now? In the US or in Canada? Where was the baby born? 

Canada. Born in Canada

[Beejaybm 2]

40 minutes ago, powerpuff said:

~~ Topic moved from CR1/IR1 spousal visa forum to Bringing Family members of permanent residents to America - this is not a CR1/IR1 case as the petitioner is not a USC, it is an LPR ~~
 

@Mzdee your case is not a CR1/IR1 since your husband is not a USC. Your case is F2A - spouse of of lawful permanent resident.This makes a big difference in advice that is given. CR1/IR1 cannot add children to their applications whereas F2As can. You should change your profile to reflect F2A instead of CR1/IR1.

 

I assume the case is still with USCIS. When it gets to NVC, the petitioner should inform them through their public inquiry form and attach the necessary documents.

 

No. Why do that when you can safely add the baby to the application (and you have plenty of time since it will take about 3-4 years from filing to visa in hand for F2A category) not to mention entering the US with an intent to adjust status is immigration fraud. CBP can, and probably will, refuse entry seeing that you have an immigrant vida and your child doesn’t 

Thanks. This was very helpful. I will update my profile also

[powerpuff 6,685]

As a GC holder, your husband has an upper hand in that you can include the child in your application. My advice is for him to not apply for naturalization yet as then derivatives are not allowed for CR1/IR1 cases and he’ll have to file a separate I-130 for your baby which will delay everything significantly

[Beejaybm 2]

2 minutes ago, powerpuff said:

As a GC holder, your husband has an upper hand in that you can include the child in your application. My advice is for him to not apply for naturalization yet as then derivatives are not allowed for CR1/IR1 cases and he’ll have to file a separate I-130 for your baby which will delay everything significantly

Alright 

[Redro 4,611]

56 minutes ago, Mzdee said:

Canada. Born in Canada

Your baby will still needs to be petitioned/ needs a visa that allows them to live in the US. When the petition is approved you will add the baby to your DS260. This will not happen anytime soon… your husband should not naturalize but you might also want to file an i-130 for the baby in case something happens and he needs to naturalize. 

Edited May 29, 2023 by Redro

[Beejaybm 2]

5 minutes ago, Redro said:

If giving information try to give accurate information. OP should not think all they have to do it apply for citizenship and child automatically becomes a citizen - it is a little more involved than that... 

The header is quite misleading. Back story- petitioner is actually a LPR and not a USC. My profile on VJS was errorneously categorized as IR1/CR1 but has been updated to F2A now. 

[Redro 4,611]

1 minute ago, Mzdee said:

The header is quite misleading. Back story- petitioner is actually a LPR and not a USC. My profile on VJS was errorneously categorized as IR1/CR1 but has been updated to F2A now. 

You should "report" your post and request they re-write the title. 

I'm not sure how many years your partner has before they can apply for US citizenship but you might want to consider filing an I-130 petition for your new born. 

Currently, on the visa bulletin  they are interviewing F2As with a September 2020 PD. So, you will probably wait another year before the petition is approved and then you will need to wait for DQ and being called for interview. 

[TBoneTX 45,259]

Thread title has been edited.  

[TBoneTX 45,259]

A hijack post and its several replies have been split from this thread into a new topic in this forum.

[hamjok 0]

Is the baby in the US or abroad?

[powerpuff 6,685]

2 hours ago, hamjok said:

Is the baby in the US or abroad?

 

On 5/28/2023 at 7:55 PM, Mzdee said:

Canada.