Green card for wife and baby

[Boringwaiting]

While wife is waiting for the green card, the baby is on the way. I know they have to apply a green card for the baby, my quesiton is : Can the mom and the baby come to U.S at the same time ?

[credzba]

If baby is yours, then it is US citizen.

Baby wont need a green card.

[Boringwaiting]

How about the husband is a greed card holder ?

[dnoblett]

In this case this would be a spouse and child of a green-card holder.

 

You would file an I-130 for spouse and Child of a Lawful Permanent Resident, this has numerical limitations and will be classed F2A which has about a 2 year timeline from filing to getting visa numbers for the immigrants.

 

How close are you from being able to naturalize and become a US Citizen? If you are a citizen, the timeline would be cut from +2 year wait down to about 6 months to the NVC stage.

 

I have to do some looking, Either two petitions need to be filed one for spouse and one for child, or the child may get a derivative visa based on spouse visa petition.

[dnoblett]

Child would be considered to be derivative in this case, so only one I-130 would be needed, file one for spouse, and when the petition is assigned, NVC will assign a number for spouse and a number for child, at which point two DS-230, and two visa application fees would be paid.

Q: Can the children of an immigrant visa applicant be included in a single petition?

Children of U.S. citizens are considered Immediate Relatives (IR) and must have individual petitions filed for them. Petitions for immediate relatives may be filed simultaneously at the USCIS.

Children of applicants with family-based petitions (F category) may derive immigration benefits from the same petition provided that they are single and under 21. Such children are called “derivatives” for purposes of immigration. Only biological or legally-adopted children are entitled to derivative status. An adopted child must have been legally adopted before the age of 16 and must have been in the physical and legal custody of the adoptive parent for at least two years. For more information on adopted children and the definition of a child for immigration purposes.

A child born after a petition was filed and approved may be registered or added on to the petition as a derivative. The principal applicant needs to submit the child’s birth certificate printed on NSO paper either to the NVC or to the Embassy and pay the corresponding visa processing fee for each additional derivative.

http://manila.usembassy.gov/derivativechildren.html

[newacct]

If the baby is born after the mother receives the immigrant visa, then the baby doesn't need a visa to go to the U.S., and gets a green card automatically when arriving in the U.S. just like the mother.

 

If the baby is born before the mother receives the immigrant visa, then you should ask them to add the baby as a derivative beneficiary as dnoblett says.

[Randy W]

If the baby is born after the mother receives the immigrant visa, then the baby doesn't need a visa to go to the U.S., and gets a green card automatically when arriving in the U.S. just like the mother.

 

If the baby is born before the mother receives the immigrant visa, then you should ask them to add the baby as a derivative beneficiary as dnoblett says.

 

 

It's nice to have a source for information like this - the devil is in the details, like they say. You don't provide any. They will want to be sure that the baby will be allowed on the plane, admitted to the U.S., AND issued the green card.

 

On VJ - some first hand experience - http://www.visajourney.com/forums/topic/258299-child-born-abroad-to-mother-after-immigrant-visa-stamped/?p=3964432

 

You need to go to the US embassy in your country and they will give you a check list

of requirements. after you submit all of the paperworks, it will take 10 working days for them to

process it, you will be given 2 envelopes. (1 for the airline, 1 for your poe)

 

It doesn't sound like contacting the consulate/embassy is necessary, but it may not be a bad idea if you can reasonably do so.

 

From the Hong Kong consulate - http://hongkong.usconsulate.gov/iv_faq.html#b03

 

A child born after the issuance of an immigrant visa may not need a visa to accompany the parent to the U.S. To travel on the visa holder's document, the child has no claim to U.S. citizenship and both visa holder and child travel together within the period of validity of the visa. You must be prepared to present your child's full birth certificate showing parents' full names (along with an English translation) to an immigration inspector at the port of entry. You must also have a valid travel document for the child.

 

. . .

 

You will not require a visa for your child if: the child is under two years of age; it is the child's first entry into the United States since birth; and the child is being accompanied by the parent who is applying for readmission as a permanent resident upon the parent's first return to the United States after the child's birth. Your child will require his or her own passport and his/her long form birth certificate (with English translation), listing both parents' names. In the event that one parent is a citizen of the United States, you must first seek to determine whether the child has a claim to U.S. citizenship.

 

. . . and from the Dept. of State Foreign Affairs Manual

 

9 FAM 42.1 N1.1 Child Born After Issuance of Visa to Parent

 

(CT:VISA-2140; 07-16-2014)

 

The child born after the issuance of a visa to a parent is not required to have a visa if the child is:

(1) Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent’s immigrant visa; or

(2) Born during the lawful permanent resident mother’s temporary visit abroad provided that (see 9 FAM 42.1 N2):

(a) Admission is within two years of birth; and

(b) Either accompanying parent is applying for readmission upon first return after the birth of the child.

 

Edited July 18, 2014 by Randy W (see edit history)