i-130 petition for spouse and baby- now pregnant. Dual citizen us/canada

[appleblossom 3,030]

12 hours ago, lenny_k said:

If you don’t give birth in the US, you will need to petition for your child if born abroad. This costs money and time. Also, your child will not be a US citizen, meaning you will have to deal with all green card/naturalization work. All in, probably not super different from giving birth. 

 

 

Average cost of giving birth in the US would be far higher than visa costs though (https://www.forbes.com/advisor/health-insurance/how-much-does-it-cost-to-have-a-baby/), and if there were any complications that cost could skyrocket. If the OP has the financial means to do that then that would be a neat solution, but it doesn’t sound as though that is the case.

[mam521 2,165]

Please fill out your timeline: https://www.visajourney.com/timeline/profile.php?id=483322

 

You said your husband and child's I-130's are approved, correct?  So, the cases still have to go to NVC and you still have to do the DS-260 and the AOS, correct?  

 

You will give birth before the DS-260's are approved and interviews are issued.  Montreal is SLOW.  

 

Your daughter will be born in Canada.  Once she's born: 

 

- Get her birth certificate and passport ASAP. 

- File her I-130 ASAP.  Once you have a case number, call USCIS and ask to speak to a Tier 2 agent.  Request an expedite on her case and explain that your husband and son are already approved.  Hopefully they will expedite.  They often will.  

- Pause the applications for your husband and son at NVC until your daughter's case catches up, then proceed.  

 

You are going to have to prove domicile in the US, be it a lease agreement with your brother or you heading to NY before your hubs and getting a place.  Montreal is sticky about it.  

[mam521 2,165]

12 hours ago, lenny_k said:

If you don’t give birth in the US, you will need to petition for your child if born abroad. This costs money and time. Also, your child will not be a US citizen, meaning you will have to deal with all green card/naturalization work. All in, probably not super different from giving birth. 
 

The OP is in her third trimester.  Changing doctors in the third trimester isn't ideal, in addition to US healthcare coverage challenges.  On top of that, the OP has no immediate (husband) supports if something does happen and either she or the baby end up having an extended stay in the hospital.  Additionally, the baby would need her Canadian certificate of citizenship to enter Canada as a Canadian and not a visitor since her dad and brother aren't even through the NVC stage and waiting for an interview.  The CoC takes a long time, too.  

 

It makes more sense to have the baby in Canada and expedite the I-130.  

[dualcanus 2]

13 hours ago, mam521 said:

Please fill out your timeline: https://www.visajourney.com/timeline/profile.php?id=483322

 

You said your husband and child's I-130's are approved, correct?  So, the cases still have to go to NVC and you still have to do the DS-260 and the AOS, correct?  

 

You will give birth before the DS-260's are approved and interviews are issued.  Montreal is SLOW.  

 

Your daughter will be born in Canada.  Once she's born: 

 

- Get her birth certificate and passport ASAP. 

- File her I-130 ASAP.  Once you have a case number, call USCIS and ask to speak to a Tier 2 agent.  Request an expedite on her case and explain that your husband and son are already approved.  Hopefully they will expedite.  They often will.  

- Pause the applications for your husband and son at NVC until your daughter's case catches up, then proceed.  

 

You are going to have to prove domicile in the US, be it a lease agreement with your brother or you heading to NY before your hubs and getting a place.  Montreal is sticky about it.  

Thank you for this! I’ll definitely  follow these steps once she is born.
How do I reach a Tier 2 agent? I find it impossible to get someone on the phone.

[mam521 2,165]

10 hours ago, dualcanus said:

Thank you for this! I’ll definitely  follow these steps once she is born.
How do I reach a Tier 2 agent? I find it impossible to get someone on the phone.

If you call, you just have to essentially ask Emma over and over and over to speak to an agent.  You could try sending in inquiry through the MyUSCIS online portal, too.  

[dualcanus 2]

On 1/16/2025 at 10:20 AM, mam521 said:

If you call, you just have to essentially ask Emma over and over and over to speak to an agent.  You could try sending in inquiry through the MyUSCIS online portal, too.  

I just got the NVC email for my son, but still awaiting i-130 approval for my husband. 

Do you think I can call now to speak to a Tier 2 agent and see if they can bump my husband? Just so I can fill it out at the same time?

[dualcanus 2]

Also, just wondering… maybe a silly thought. 

but let’s say my husband and son get everything approved and good to go for our move. But my daughter holds only a Canadian passport as a newborn, can she enter the US with us as a Canadian on a regular visa and then file for an adjustment of status while we are there? 

 

Will this be less expensive/complicated than filing a whole new i-130 prior to? 

[milimelo 4,546]

1 hour ago, dualcanus said:

Also, just wondering… maybe a silly thought. 

but let’s say my husband and son get everything approved and good to go for our move. But my daughter holds only a Canadian passport as a newborn, can she enter the US with us as a Canadian on a regular visa and then file for an adjustment of status while we are there? 

 

Will this be less expensive/complicated than filing a whole new i-130 prior to? 

Nope. can't do that. 

[appleblossom 3,030]

1 hour ago, dualcanus said:

I just got the NVC email for my son, but still awaiting i-130 approval for my husband. 

Do you think I can call now to speak to a Tier 2 agent and see if they can bump my husband? Just so I can fill it out at the same time?

Don’t fill either out yet, as said above you need to hold on until the I-130 for your newborn is approved. So there’s no point in asking for your husband’s to be expedited as you want to pause their applications at the NVC stage anyway. 
 

 

[Dashinka 24,751]

2 hours ago, dualcanus said:

Also, just wondering… maybe a silly thought. 

but let’s say my husband and son get everything approved and good to go for our move. But my daughter holds only a Canadian passport as a newborn, can she enter the US with us as a Canadian on a regular visa and then file for an adjustment of status while we are there? 

 

Will this be less expensive/complicated than filing a whole new i-130 prior to? 

No, your daughter needs an I130 to immigrate.  As already stated, let your son’s and husband’s I130s sit at NVC, you can gather the information necessary, but do not submit anything until your daughter’s I130 catches up (you can attempt to expedite her I130 with USCIS), then when all three are at NVC, submit all the required evidence and they can proceed to the consulate.

 

Good Luck!

[dualcanus 2]

On 1/18/2025 at 8:07 AM, Dashinka said:

No, your daughter needs an I130 to immigrate.  As already stated, let your son’s and husband’s I130s sit at NVC, you can gather the information necessary, but do not submit anything until your daughter’s I130 catches up (you can attempt to expedite her I130 with USCIS), then when all three are at NVC, submit all the required evidence and they can proceed to the consulate.

 

Good Luck!

Thank you! 

Is there a deadline at all? how long can it sit at the NVC?

like if I pause both at the NVC stage until she is born and approved, there will be no consequence? just making sure there is no deadline and they won’t retract my application 

[Dashinka 24,751]

8 minutes ago, dualcanus said:

Thank you! 

Is there a deadline at all? how long can it sit at the NVC?

like if I pause both at the NVC stage until she is born and approved, there will be no consequence? just making sure there is no deadline and they won’t retract my application 

As long as you log into the NVC system at least once in 12 months, the case will stay active there indefinitely.

 

Good Luck!