Wife is pregnant and due date is 1 month after the CR1 interview

[Andy Corey 1]

Hello all, during our immigration process my wife got pregnant and at the time when filling AOS I didn't think of including an unborn baby, I was looking for information on CRBA because I thought it was what most likely going to happen that my wife would give birth in Hong Kong and I would need to do the CRBA application to get our child a US citizenship, also I'm a U.S citizen my wife is the applicant, I look up information that being pregnant doesn't affect the case, but I'm panicking since I just received the interview date. Is this what we should look towards ? wife would go to the interview on the scheduled date and a month later after the child is born I would need to start the process of CRBA ? 

[milimelo 4,475]

Postpone the interview until the child is born and you have the child's birth certificate - so you can do CRBA. You'll also want to update I-864 with family size.  

[pushbrk 12,870]

3 hours ago, milimelo said:

Postpone the interview until the child is born and you have the child's birth certificate - so you can do CRBA. You'll also want to update I-864 with family size.  

That's a viable solution, but they are not likely to travel very quickly after the birth anyway.  It's a matter of logistics, to get the CRBA finished and passport in hand, for the baby, before the visa expires.  If they go ahead with an interview before the birth, there's no need to update the household size on the Affidavit of Support, but there should be plenty of income for the clearly obvious change in the household size.  Less stressful, to delay the interview a couple months.  How long a delay depends on the health and care of the child shortly after birth.  I think if it were me, I would ask for a three month delay or more.

[Andy Corey 1]

2 hours ago, pushbrk said:

That's a viable solution, but they are not likely to travel very quickly after the birth anyway.  It's a matter of logistics, to get the CRBA finished and passport in hand, for the baby, before the visa expires.  If they go ahead with an interview before the birth, there's no need to update the household size on the Affidavit of Support, but there should be plenty of income for the clearly obvious change in the household size.  Less stressful, to delay the interview a couple months.  How long a delay depends on the health and care of the child shortly after birth.  I think if it were me, I would ask for a three month delay or more.

thank you , If I'm correct the visa should be valid for 6 months usually ? if everything goes well, the expiration should be some time near July of next year and she is due late February, this immigration process has been the main stress to my wife and I waiting for almost 2 years, times that I'm unable to be with her while she's in HK and I'm in the US, I would discuss it with my wife first but I think we would want to get it over with, we were thinking that she could fly over first after some rest and giving birth, the baby would be staying my wife's family for a week or 2 until she can get her green card in the U.S and then fly back to Hong Kong while we are waiting for the CRBA process

[pushbrk 12,870]

2 hours ago, Andy Corey said:

thank you , If I'm correct the visa should be valid for 6 months usually ? if everything goes well, the expiration should be some time near July of next year and she is due late February, this immigration process has been the main stress to my wife and I waiting for almost 2 years, times that I'm unable to be with her while she's in HK and I'm in the US, I would discuss it with my wife first but I think we would want to get it over with, we were thinking that she could fly over first after some rest and giving birth, the baby would be staying my wife's family for a week or 2 until she can get her green card in the U.S and then fly back to Hong Kong while we are waiting for the CRBA process

That would work, but expect the actual green card to arrive in about a month or more.  Still ok, as the  entry stamp next to the visa serves as a temporary green card for a year.  You proposed travel schedule will work fine.

 

Adding a note to remember it is the CRBA....AND....a US passport that are needed for the baby.

Edited November 14 by pushbrk

[Andy Corey 1]

4 hours ago, pushbrk said:

That would work, but expect the actual green card to arrive in about a month or more.  Still ok, as the  entry stamp next to the visa serves as a temporary green card for a year.  You proposed travel schedule will work fine.

 

Adding a note to remember it is the CRBA....AND....a US passport that are needed for the baby.

yes thank you, I took a look at the CRBA and I should have the requirements needed, I will be in HK later on and I would have the U.S passport required as the parent.

[pushbrk 12,870]

12 hours ago, Andy Corey said:

yes thank you, I took a look at the CRBA and I should have the requirements needed, I will be in HK later on and I would have the U.S passport required as the parent.

Be sure to take evidence you meet the physical presence requirements, not just that you are a citizen.  The best they like is school transcripts.

[Kyle6811 24]

Be prepared for the unwritten rules. In spite of having clearly demonstrated my presence here in the USA my entire life, along with my name on the foreign birth certificate and me having a lease and living close to the border, the consulate sent us away rejected with conditions that they want photos of before during and after pregnancy. Which were emailed before we even left. Took 60 days more and numerous calls to get the crba. During one of the calls the person I spoke with told me I should have argued more. And because they rejected us on site we couldn’t apply for the passport at the same time. The entire consulate system is run by incompetent people imo.