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

[appleblossom 2,835]

2 minutes ago, Stephie C said:

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. 

 

Odd, but maybe it is the multiple interviews, although we were 4 interviews and that didn't delay our case - we were all interviewed together in one time slot but maybe it's different for family apps (ours was employment based). It's strange that it still says at NVC though, but is that just on CEAC? What does the online status tracker say, does it say in transit? https://egov.uscis.gov

 

Might be worth asking on the big CR1 thread in the UK sub forum, tons of people there with a lot more knowledge that may be able to help. 

 

Best of luck to you. 

[Dashinka 24,657]

1 hour ago, limegreenbowler said:

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.

This is probably why the consulate and CBP has the note about having a child after the visa is issued but before immigrating to the US.  Essentially, this should be a reason for DCF if the child does not qualify for CRBA as in this case, but they are saying no visa is needed when this happens if the newborn is traveling with the parent that has a valid visa, and the birth certificate verifies the parenthood, so no I130 is needed, and no special circumstance required.

Edited January 3 by Dashinka

[Stephie C 8]

2 hours ago, appleblossom said:

 

Odd, but maybe it is the multiple interviews, although we were 4 interviews and that didn't delay our case - we were all interviewed together in one time slot but maybe it's different for family apps (ours was employment based). It's strange that it still says at NVC though, but is that just on CEAC? What does the online status tracker say, does it say in transit? https://egov.uscis.gov

 

Might be worth asking on the big CR1 thread in the UK sub forum, tons of people there with a lot more knowledge that may be able to help. 

 

Best of luck to you. 

Thank you I will try that thread. The case tracker also says ’at NVC’. It is very frustrating, we had planned to leave in early Feb when we found out that they were DQ, then we wouldn’t have this issue with the new baby. My husband also has a job waiting for him over there, they wanted him to start early spring but now we will be lucky if we can get there by early June, we are not sure if they will wait that long. Thanks so much for your advice, fingers crossed we hear something soon. 

[SalishSea 17,987]

32 minutes ago, Stephie C said:

Thank you I will try that thread. The case tracker also says ’at NVC’. It is very frustrating, we had planned to leave in early Feb when we found out that they were DQ, then we wouldn’t have this issue with the new baby. My husband also has a job waiting for him over there, they wanted him to start early spring but now we will be lucky if we can get there by early June, we are not sure if they will wait that long. Thanks so much for your advice, fingers crossed we hear something soon. 

I would try again for an expedite, using the “financial loss” reason, as it certainly applies in this situation, with a job offer at stake.   In your request, you could mention the job timeline, and if he is the sole income earner for your family, state that as well.

[Stephie C 8]

2 minutes ago, SalishSea said:

I would try again for an expedite, using the “financial loss” reason, as it certainly applies in this situation, with a job offer at stake.   In your request, you could mention the job timeline, and if he is the sole income earner for your family, state that as well.

I’ve tried twice already, I mentioned the baby and the job and stated that he is the sole financial provider for a family of seven, hopefully soon to be eight. Said this is why I can’t just go over to the states to give birth and wait there for the rest of the family to join me, as he would not be able to work. Unfortunately this was not good enough for them. Both times I got the response that they can’t expedite these cases, no further reasoning or justification. 

[appleblossom 2,835]

47 minutes ago, Stephie C said:

Thank you I will try that thread. The case tracker also says ’at NVC’. It is very frustrating, we had planned to leave in early Feb when we found out that they were DQ, then we wouldn’t have this issue with the new baby. My husband also has a job waiting for him over there, they wanted him to start early spring but now we will be lucky if we can get there by early June, we are not sure if they will wait that long. Thanks so much for your advice, fingers crossed we hear something soon. 

 

Really odd, it usually doesn't take much time for your case to transfer, no idea why yours is taking so long. Have you asked what's going on and why it's still sitting at NVC after 2.5 months?

 

I hope you get the IL very soon, best of luck to you. 

[pushbrk 13,011]

49 minutes ago, Stephie C said:

I’ve tried twice already, I mentioned the baby and the job and stated that he is the sole financial provider for a family of seven, hopefully soon to be eight. Said this is why I can’t just go over to the states to give birth and wait there for the rest of the family to join me, as he would not be able to work. Unfortunately this was not good enough for them. Both times I got the response that they can’t expedite these cases, no further reasoning or justification. 

I don't understand the above.  You husband, an intending immigrant, is currently working and providing for the family.  So he IS not only "able to work".  He IS working.  I get the inconvenience etc. of you preceding the family to the USA and giving birth there, but it does not seem to be a "can't".

Edited January 3 by pushbrk

[SalishSea 17,987]

14 minutes ago, pushbrk said:

I don't understand the above.  You husband, an intending immigrant, is currently working and providing for the family.  So he IS not only "able to work".  He IS working.  I get the inconvenience etc. of you preceding the family to the USA and giving birth there, but it does not seem to be a "can't".

I think she means that if she went to the U.S. without her family, her husband would have to be the primary caregiver to the kids as well as working.   

[pushbrk 13,011]

1 minute ago, SalishSea said:

I think she means that if she went to the U.S. without her family, her husband would have to be the primary caregiver to the kids as well as working.   

Maybe, or hire somebody.  My point is that it is not a "can't" based on actual information provided.  Seems like going to USA early would be a last resort.  I see the possibility of boarding the infant, but these IR2's would become citizens upon arrival.  With the infant having no visa, I guess they just apply for a US Passport after entry.

[jan22 3,056]

21 hours ago, limegreenbowler said:

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.

There are no "official" reasons that will guarantee filing an I-130 at an Embassy will be approved. There are examples listed, but it is always at the discretion of the Embassy to accept tb e I-130 or not. Filing one for a newborn when the rest of the family is at the visa stage is a valid reason and would be accepted most of the time.

 

You should be able to travel without a visa for the baby. But, it might take some convincing of people along the way. If you want to avoid that hassle on what will probably be a difficult day -- sorry, can't imagine trying to organize travel with nine other people! -- this would be one way to take away that bit of additional stress.

Edited January 4 by jan22

[Stephie C 8]

6 hours ago, jan22 said:

There are no "official" reasons that will guarantee filing an I-130 at an Embassy will be approved. There are examples listed, but it is always at the discretion of the Embassy to accept tb e I-130 or not. Filing one for a newborn when the rest of the family is at the visa stage is a valid reason and would be accepted most of the time.

 

You should be able to travel without a visa for the baby. But, it might take some convincing of people along the way. If you want to avoid that hassle on what will probably be a difficult day -- sorry, can't imagine trying to organize travel with nine other people! -- this would be one way to take away that bit of additional stress.

Thanks for the advice, if I don’t get a positive response from legalnet then I’ll ask about I-130 consular filing for the baby, this would be my preferred option as it would ensure that the baby would get citizenship as soon as they arrive in the states, like the other kids. Please do you have any idea how long it might take to process if the embassy accepts it? Thanks for your help. 

[Stephie C 8]

23 hours ago, pushbrk said:

I don't understand the above.  You husband, an intending immigrant, is currently working and providing for the family.  So he IS not only "able to work".  He IS working.  I get the inconvenience etc. of you preceding the family to the USA and giving birth there, but it does not seem to be a "can't".

If I were to give birth in the US I would have to leave no later than the first week in March, give birth alone in a foreign country, where I don’t have medical insurance and am finding it very difficult to get any information on how to get covered as I’m a citizen but not a resident and unable to access the New York State of Health website from outside of the US. I can’t get insured through travel insurance as I’m already heavily pregnant. Leaving behind five children aged 11 and under, two not of school age to be cared for by my husband who works 180mile round trip from where we live so is not at home mid week. If I were not there he would have to stop working (remote working is not a possibility, we have already asked his company) to look after the children. We can’t hire someone to look after the children all week alone because it would cost an astronomical amount and wouldn’t be something that we would ever consider doing. All of this was explained fully in my expedite request. 

[jan22 3,056]

18 hours ago, Stephie C said:

Thanks for the advice, if I don’t get a positive response from legalnet then I’ll ask about I-130 consular filing for the baby, this would be my preferred option as it would ensure that the baby would get citizenship as soon as they arrive in the states, like the other kids. Please do you have any idea how long it might take to process if the embassy accepts it? Thanks for your help. 

Of course, even with a positive response from LegalNet, if the baby is born before the visa is issued to your husband, this is likely the only option for speedy processing.  I would ask the Embassy now if they would agree to accept an I-130 for your newborn if the baby is born before the is see uance of your husband's visa. They could agree (which would be a relief to know), or ask you to submit the request after the birth. (Or say no, but I think that's unlikely).  Asking the question now might possibly catch their attention and help get your husband's appointment scheduled.  (As you have already learned, pregnancy is not usually a reason for any sort of expediting, but...). If they accept the I-130, it should be a very quick ptocess.

 

One important thing on your concern about the baby not getting US citizenship like the other children under the Child Citizenship Act, that should not be a worry. The requirement is that the child be admitted to the United States as a legal permanent resident while under the age of 18 and in the legal, physical custody of the US citizen parent.  Even if you travel with the baby without an immigrant visa, he/she should be admitted as an IR-2 just like the rest of your children and obtain US citizenship along with them.

 

BTW, in one post you referred to giving birth in a "foreign country", meaning the US. While I fully understand why you said it that way, I would avoid phrasing like that when dealing with US immigration!

[Stephie C 8]

On 1/5/2024 at 4:20 PM, jan22 said:

Of course, even with a positive response from LegalNet, if the baby is born before the visa is issued to your husband, this is likely the only option for speedy processing.  I would ask the Embassy now if they would agree to accept an I-130 for your newborn if the baby is born before the is see uance of your husband's visa. They could agree (which would be a relief to know), or ask you to submit the request after the birth. (Or say no, but I think that's unlikely).  Asking the question now might possibly catch their attention and help get your husband's appointment scheduled.  (As you have already learned, pregnancy is not usually a reason for any sort of expediting, but...). If they accept the I-130, it should be a very quick ptocess.

 

One important thing on your concern about the baby not getting US citizenship like the other children under the Child Citizenship Act, that should not be a worry. The requirement is that the child be admitted to the United States as a legal permanent resident while under the age of 18 and in the legal, physical custody of the US citizen parent.  Even if you travel with the baby without an immigrant visa, he/she should be admitted as an IR-2 just like the rest of your children and obtain US citizenship along with them.

 

BTW, in one post you referred to giving birth in a "foreign country", meaning the US. While I fully understand why you said it that way, I would avoid phrasing like that when dealing with US immigration!

Thank you very much for your response, it has really put my mind at ease. I did contact the Embassy just before Christmas, asking them what to do in our situation but got a very generic response basically saying we can’t do anything until the NVC sends us your cases. I will email the embassy this weekend and ask them specifically about submitting an I-130 directly to them. 
 

I would be really surprised if we haven’t had the interviews before the baby comes as it’s due 11th April (from past experience it won’t make an appearance until around the 25th) but you never know. 
 

Thanks for the pointer, no I won’t refer to the US as a foreign country to an immigration official. It was more a quick and blunt attempt to hi light that giving birth in the US would be a little more than a mere inconvenience. 
 

Thanks again for your help. 

[Stephie C 8]

I am a US citizen living in the uk with my British husband and kids (I am not eligible to pass on my citizenship to the kids as I have not been physically present in the US for the required amount of time). Their IR1 and IR2 visas have been issued and we are preparing to move to the US in mid May. I am pregnant and will have this baby in the UK within the next 3-5weeks. I was of the understanding that the visa requirements for the new baby would be waived under the federal code of regulations 8cfr 211.1 (b). When I contacted the embassy for a transport letter they replied with an appointment date to file an I-130 for the baby. I have asked via email why the above mentioned regulation could not be used in our case and they have not responded (I’ve been waiting 3 weeks for a reply).  I have also emailed US Customs and border protection but i haven’t had a response from them either. 
Am I right in my thinking that th