Emigrating with a new born after ir1 and ir2 visas have been approved (Merged threads)

[Stephie C 8]

Hi, I am an American citizen. I have made petitions to bring my husband and kids to the US. Their Ir1 and ir2 visas were approved by the NVC 23rd October 2023 and we are now waiting for an interview to be scheduled at the US Embassy London.  I am 26weeks pregnant, our hope was that the visas would have been issued in time for me to give birth in the US but as we have had no word on the interviews yet, I deontology think that would be possible. Does anyone know how we can take the new born with us without having to file a new I-130 for them and waiting in the UK until it’s approved? I have attached some information I found on the us embassy website but does this apply if the person giving birth is a US citizen? I have asked the Embassy, NVC and USCIS this question but none of them have been able to give me an answer. 
I have sent an expedite request to NVC but that was denied. I am not able to pass my citizenship onto my children and am not in a position to go to the US to give birth without the rest of my family. Thanks very much for your advice. 
 

info from US Embassy London website.pdf

[Dashinka 24,481]

Are you able to pass on US citizenship to you upcoming child?  If so, CRBA.

 

Good Luck!

 

https://uk.usembassy.gov/u-s-citizen-services/citizenship/consular-report-of-birth-abroad-crba-and-first-u-s-passport/

[Stephie C 8]

4 minutes ago, Dashinka said:

Are you able to pass on US citizenship to you upcoming child?  If so, CRBA.

 

Good Luck!

 

https://uk.usembassy.gov/u-s-citizen-services/citizenship/consular-report-of-birth-abroad-crba-and-first-u-s-passport/

Unfortunately I’m not as I’ve never lived in the US. Thanks for the suggestion. 

[powerpuff 6,685]

*** Topic moved from Progress Reports to Process & Procedures ***
 

2 minutes ago, Stephie C said:

Unfortunately I’m not as I’ve never lived in the US. Thanks for the suggestion. 

then I’m afraid there’s no other way than filing I-130 with USCIS. You may try to expedite but that’s not guaranteed.

 

57 minutes ago, Stephie C said:

Their Ir1 and ir2 visas were approved by the NVC 23rd October 2023

I think you mean petitions were approved, visas can be approved only after an interview. Did you get Documentarily qualified (DQ) by NVC?

Edited January 3 by powerpuff

[Stephie C 8]

2 minutes ago, powerpuff said:

*** Topic moved from Progress Reports to Process & Procedures ***
 

then I’m afraid there’s no other way than filing I-130 with USCIS. You may try to expedite but that’s not guaranteed.

 

I think you mean petitions were approved, visas can be approved only after an interview. Did you get Documentarily qualified (DQ) by NVC?

Why would the information found on the US Embassy website not apply? Yes DQ by NVC and awaiting interviews to be scheduled at London Embassy. Thanks for your help. 

[Dashinka 24,481]

14 minutes ago, Stephie C said:

Unfortunately I’m not as I’ve never lived in the US. Thanks for the suggestion. 

Then I would pursue the information you provided.  I assume you have a US passport, so you will not be getting a visa, and the child, if born after your husband's spousal visa is issued, appears to not need a new petition provided you have the long-form birth certificate.  The key is in bold.  If the child is born before your husband gets his visa, then you need a new I130 is how I interpret this.

 

Good Luck!

 

12) I've had a child after receiving my visa. Does my child need a visa?

If your child was born after your visa was issued but before you move to the United States, you should first check if your child may have a claim to citizenship as the child of a U.S. citizen. If not, then your child may travel with you when you move to the United States using your visa, provided that you show the child’s long-form birth certificate which states the names of both parents.

If you are a Lawful Permanent Resident (LPR) and you have had a child overseas during a temporary absence from the United States, click here for the information you need.

 

https://uk.usembassy.gov/visas/immigrant-visas/after-your-immigrant-or-fiancee-visa-has-been-issued/?_ga=2.108036226.1045392846.1704281189-214534049.1704281189

Edited January 3 by Dashinka

[powerpuff 6,685]

25 minutes ago, Stephie C said:

Why would the information found on the US Embassy website not apply? Yes DQ by NVC and awaiting interviews to be scheduled at London Embassy. Thanks for your help. 

I try not to open files I have to download but I see from the link @Dashinka posted.
 

Yes, I agree the key is after the issuance of your husband’s visa (since you’re not the intending immigrant). We don’t see cases like this often here. The only concern is if the child would be boarded on a flight by the airline employees, I would think yes if it’s a UK passport. 

[Stephie C 8]

1 hour ago, Dashinka said:

Then I would pursue the information you provided.  I assume you have a US passport, so you will not be getting a visa, and the child, if born after your husband's spousal visa is issued, appears to not need a new petition provided you have the long-form birth certificate.  The key is in bold.  If the child is born before your husband gets his visa, then you need a new I130 is how I interpret this.

 

Good Luck!

 

12) I've had a child after receiving my visa. Does my child need a visa?

If your child was born after your visa was issued but before you move to the United States, you should first check if your child may have a claim to citizenship as the child of a U.S. citizen. If not, then your child may travel with you when you move to the United States using your visa, provided that you show the child’s long-form birth certificate which states the names of both parents.

If you are a Lawful Permanent Resident (LPR) and you have had a child overseas during a temporary absence from the United States, click here for the information you need.

 

https://uk.usembassy.gov/visas/immigrant-visas/after-your-immigrant-or-fiancee-visa-has-been-issued/?_ga=2.108036226.1045392846.1704281189-214534049.1704281189

Thanks very much for your help. Yes I will be travelling on my US passport. I just wanted to try to get it confirmed before get the interviews scheduled and the six months clock starts ticking. As I have petitioned six visas I don’t want all of these to expire while we are waiting for the baby to get approved. Equally i don’t want to assume it’s correct and then get turned away at the airport because the baby doesn’t have the right to enter the US. I have just been advised by the NVC to contact legalnet@state.gov as they aren’t able to give me an answer. Thanks again. 

[Stephie C 8]

58 minutes ago, powerpuff said:

I try not to open files I have to download but I see from the link @Dashinka posted.
 

Yes, I agree the key is after the issuance of your husband’s visa (since you’re not the intending immigrant). We don’t see cases like this often here. The only concern is if the child would be boarded on a flight by the airline employees, I would think yes if it’s a UK passport. 

Thanks for your reply, yes the baby would be travelling on a UK passport. Thanks 

[Dashinka 24,481]

1 hour ago, Stephie C said:

Thanks very much for your help. Yes I will be travelling on my US passport. I just wanted to try to get it confirmed before get the interviews scheduled and the six months clock starts ticking. As I have petitioned six visas I don’t want all of these to expire while we are waiting for the baby to get approved. Equally i don’t want to assume it’s correct and then get turned away at the airport because the baby doesn’t have the right to enter the US. I have just been advised by the NVC to contact legalnet@state.gov as they aren’t able to give me an answer. Thanks again. 

If you are worried about being allowed on a flight with the baby via the Consulate information you can refer the airline to the CBP Carrier Guide Page 10 (see below).  Another option is to fly to Canada and drive across the border.

 

Good Luck!

 

Child born abroad to an accompanying parent after
issuance of an immigrant visa to the parent but before the
parent’s initial admission as an immigrant may be boarded
as long as the child has a passport and birth certificate.

 

https://www.cbp.gov/sites/default/files/assets/documents/2023-Nov/Carrier Information Guide ENGLISH.pdf

[jan22 3,049]

Another option is to ask the Embassy if they will accept you submitting the I-130 for the baby as soon as he/she is born and you have the birth certificate or at your family's visa interview if born by then.   Then they can issue the immigrant visa for the baby at the same time or very shortly thereafter.

[Stephie C 8]

52 minutes ago, Dashinka said:

If you are worried about being allowed on a flight with the baby via the Consulate information you can refer the airline to the CBP Carrier Guide Page 10 (see below).  Another option is to fly to Canada and drive across the border.

 

Good Luck!

 

Child born abroad to an accompanying parent after
issuance of an immigrant visa to the parent but before the
parent’s initial admission as an immigrant may be boarded
as long as the child has a passport and birth certificate.

 

https://www.cbp.gov/sites/default/files/assets/documents/2023-Nov/Carrier Information Guide ENGLISH.pdf

That’s great info. Thanks very much!!

[limegreenbowler 45]

2 hours ago, jan22 said:

Another option is to ask the Embassy if they will accept you submitting the I-130 for the baby as soon as he/she is born and you have the birth certificate or at your family's visa interview if born by then.   Then they can issue the immigrant visa for the baby at the same time or very shortly thereafter.

This isn't an official reason for filing an I-130 directly at the embassy (bypassing USCIS), but some embassies do use their discretionary authority to allow this to be done in exactly this situation. I am not sure about London.

[appleblossom 2,446]

Are you sure you haven't had an interview date? It's very odd if you were DQ'ed in October, you should have had an interview letter (via email) ages ago. London is one of the quickest consulate, for an October DQ date I'd have expected an IL in November for an interview date in December, maybe January at the latest. They've sent out two rounds of IL's since then, and people who were DQ'ed way after you have had them. 

 

Worth double checking your spam/junk folder maybe?

[Stephie C 8]

35 minutes ago, appleblossom said:

Are you sure you haven't had an interview date? It's very odd if you were DQ'ed in October, you should have had an interview letter (via email) ages ago. London is one of the quickest consulate, for an October DQ date I'd have expected an IL in November for an interview date in December, maybe January at the latest. They've sent out two rounds of IL's since then, and people who were DQ'ed way after you have had them. 

 

Worth double checking your spam/junk folder maybe?

Unfortunately I’m sure, no notifications. I check their CEAC accounts every day and it states that their cases are still at the NVC. I have also contacted the NVC a number of times, asked for the cases to be expedited (rejected) and contacted the embassy all confirmed all are DQ just have to wait for and interview but they cannot predict how long it will take. I was also expecting it to be scheduled by now, the only issue I can think of is that there are six interviews that need to be scheduled (5 ir2 and one ir1) and they don’t have that many slots on the same day. I have said that we are happy to make multiple trips to London if that will speed it up. Do you know of anything else I can try? Thanks so much for your help.