Needgreencardhelp

Dear all,

My wife is currently in the process of a green card application (I am a USC); her case number was received on the 24th January. We had our first child on the 8th February (the baby is NOT a USC as I have not lived in the US the pre requisite amount of time to transfer citizenship). We are ready to send in the DS-2001 but I am sure there must be more paperwork given there will be 3 of us emigrating and not 2 anymore! There is very little information on the US embassy's website so I thought I would reach out to you.

Has anyone had experience in this situation? Would anyone know what the process would now entail?

Thank you in advance for your help!

Gabriel

Noorah101

Sounds like your wife is doing an immigrant visa process (not green card).

The baby needs an I 130 filed and approved. The household number changes to 3 on the I 864. The baby needs an I 864W.

Only 2 are immigrating. The USC does not have to immigrate.

Rene

slummymummy

Isn't this what I learned a little while ago on here... When you get the visas and enter the US the wife becomes a LPR but the baby becomes a US citizen straight away?

Congrats on the baby by the way!

Noorah101

Yes. That's why the baby only needs an I-864W, but the spouse needs an I-864.

Rene

p.s. - also, just a reminder to add the baby's name on any form that asks you to list children.

Rene

Michael

From my understanding, the baby is already a USC and only needs a US passport and not an I-130.

Noorah101

The OP says he isn't eligible to pass along citizenship to the baby.

Rene

slummymummy

Nope. The USC dad has not lived in the USA so the baby is not eligible for US citizenship from birth.

Michael

Sorry, I don't know why I missed that.

Needgreencardhelp

Thanks Rene & Slummyyummy, so does that mean the process starts again for the baby or do they expedite it given that the mother has had her case filed and approved already?

Just don't want to wait another 3 months till the babys I-130 is approved!

Noorah101

The process for the baby starts again from the beginning. When submitting the I-130, you can include proof of your wife's current status in the process, and ask that the baby's be expedited. Whether they will do so or not, I don't know.

Lately it hasn't been taking 3 months to get an approved I-130 through London...seems to be quicker than that.

Rene

ian-mstm

I found this on the London web site: "An immigrant visa petition has been filed on my behalf. I now have a child. Can s/he be added to my application?

If your baby's mother or father is an American citizen, the baby could have claim to U.S. citizenship. If you reside in the Great Britain you should follow this link for further information. If you reside in Northern Ireland, you should write to the Consulate in Belfast. The address is Danesfort House, 223 Stranmillis Road, Belfast, BT9 5GR.

If your baby has no claim to U.S. citizenship, it may be possible for the child to derive status from the immigrant visa petition filed on your behalf, or for your spouse to file an immigrant visa petition for him/her. You should notify the Immigrant Visa Branch in writing of the birth of your child. They will advise you further. The address you require is Visa Branch, 24 Grosvenor Square, London, W1K 6AH"

Ian

slummymummy

Not being funny but the birth of your baby surely couldn't have come as a surprise?

Hopefully if you write to the address that Ian gave you, it should be sorted without any (or much) extra time. This must have happened before, and it seems a bit "unfair" if you have to wait longer. But even if you do it shouldn't be too much longer like Rene said.

Good luck!

jeffreyhy

Too bad the baby didn't wait until after the mother's visa was issued.

Regards, JEff

slummymummy

You mean the baby should have waited until they were already in the US? And how much would it have cost to pay for the birth there...? When I got health insurance pregnancy was not covered for 1 year. (Not that I want another one anyway, 2 is enough!)

Noorah101

JEff was just commenting from the visa perspective.

Rene