LPR soon to be US citizen

[Jannati 2]

Husband (a green card holder) filed for me and case is at NVC. We had a newborn and added him to my application at NVC. Now husband wants to naturalize under the 5year rule. Should he petition for our son separately at USCIS as he’s still a green card holder (I heard that takes long) or wait till he becomes a USC before petitioning for our son. Thank you.

[Redro 4,611]

14 minutes ago, Jannati said:

Husband (a green card holder) filed for me and case is at NVC. We had a newborn and added him to my application at NVC. Now husband wants to naturalize under the 5year rule. Should he petition for our son separately at USCIS as he’s still a green card holder (I heard that takes long) or wait till he becomes a USC before petitioning for our son. Thank you.

He should file a separate I130 for him now. You will have to pause your application at NVC so your sons petition can catch up with yours. He doesn’t have to wait to become a USC  to petition your child separately. 

[Jannati 2]

2 minutes ago, Redro said:

He should file a separate I130 for him now. You will have to pause your application at NVC so your sons petition can catch up with yours. He doesn’t have to wait to become a USC  to petition your child separately. 

My case is already documentarily qualified 08/03/2023

Just now, Jannati said:

My case is already documentarily qualified 08/03/2023

But PD is in April 2021 thus not current on the visa bulletin.

[Redro 4,611]

12 minutes ago, Jannati said:

My case is already documentarily qualified 08/03/2023

But PD is in April 2021 thus not current on the visa bulletin.

so, you won’t be called for an interview anytime soon while your husband is an LPR. Last time I checked, Ghana had a significant backlog for spousal interviews so I think you should be okay either way…  I would still have your husband file the I130 for your son asap. When he becomes a USC he can upgrade both petitions and hopefully by that time both cases have been approved at NVC. You can then write to the consulate to expedite your son’s interview if you are called to interview as spouse of a USC. 

Edited July 29, 2023 by Redro

[Jannati 2]

4 minutes ago, Redro said:

so, you won’t be called for an interview anytime soon while your husband is an LPR. Last time I checked, Ghana had a significant backlog for spousal interviews so I think you should be okay either way…  I would still have your husband file the I130 for your son asap. When he becomes a USC he can upgrade both petitions and hopefully by that time both cases have been approved at NVC. You can then write to the consulate to expedite your son’s interview if you are called to interview as spouse of a USC. 

I appreciate your response. And YES Ghana has a huge backlog even for CR/IR cases.

[JeanneAdil 6,489]

File now/if he naturalizes , he has to file I 130 for the child

[Ontarkie 14,217]

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[Jannati 2]

On 7/29/2023 at 5:18 PM, Redro said:

He should file a separate I130 for him now. You will have to pause your application at NVC so your sons petition can catch up with yours. He doesn’t have to wait to become a USC  to petition your child separately. 

Hi there, please do we only fill the I130 form for my son?

I would like to know if we need to fill other forms as well.

My process was done by an attorney but we would like to do this one ourselves. Thank you,

[Redro 4,611]

3 minutes ago, Jannati said:

Hi there, please do we only fill the I130 form for my son?

I would like to know if we need to fill other forms as well.

My process was done by an attorney but we would like to do this one ourselves. Thank you,

Your wife already has the I-130 on file?

You only need to file I-130 for your son no I-130A. And then supporting documentation to prove relationship like birth certificate.