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  • Could anyone help me with this?

    Hi everyone,

    I have a question and I would like to ask you, if anyone knows this please help me out.

    I filed a I-130 for my wife last year, I plan to go back and visit her next year and we also have a plan to have a child. But my concern is: I filed I-130 for my wife only, but when I have kid, is my kid gonna get a visa and come here at the same time my wife gets visa? Because I don't want my wife goes and my kid stays.

    If anyone knows anything about this case, please let's me know and I really appreciate alot.

    One more thing, my status right now is resident and I think I will get the US citizen next 2 years. Thansk alot for advises.

  • #2
    Hi everyone,

    I have a question and I would like to ask you, if anyone knows this please help me out.

    I filed a I-130 for my wife last year, I plan to go back and visit her next year and we also have a plan to have a child. But my concern is: I filed I-130 for my wife only, but when I have kid, is my kid gonna get a visa and come here at the same time my wife gets visa? Because I don't want my wife goes and my kid stays.

    If anyone knows anything about this case, please let's me know and I really appreciate alot.

    One more thing, my status right now is resident and I think I will get the US citizen next 2 years. Thansk alot for advises.

    Comment


    • #3
      Interesting question. In theory if one of the parents is a U.S. citizen you can register a foreign born child as a USC at an embassy/consulate. But being still a resident I don't think it's an option. Or may be after becoming a citizen you'll be able to do that? Will the fact that the child was born when you were still a resident prevent him/her from being a citizen? Why don't you call the CIS at 1 (800) 375-5283 and ask if a child becomes a citizen after you naturalize.

      Cheers.

      Comment


      • #4
        If your wife's petition is approved before you become a citizen, she can just bring the child with her.

        If you do become a citizen before that, you will need a separate petition for the chils.

        (s)he will be eligible for citizenship, but you will need to file the paperwork, and get it approved before (s)he can come... or you can file I-130 for her and do the citizenshipbusiness later.

        Comment


        • #5
          Thanks for replying. As weasel said, that's what I concern about. I thought, I filed an I-130 for my wife as a resident but after next 2 years I will become a US citizen, then I will update my status for her( my wife) so she can come here more quickly and my kid ( if i have) will get a visa right away because I am now a US citizen. So, both of them will come to US at the same time.

          Is that a wrong idea or thinking? Please give me your advises if you know, thanks alot.

          Comment


          • #6
            Let's assume your wife has petition approved and visa in passport, and immediately after that she gives birth to your child.
            I assume that child would first need birth certificate and then travel documents and then your wife would have to obtain permission to bring the child with her to the US.

            Technically, it seems to me that the child would fall under category of minor dependent of GC holder.
            I don't know how would law interpret the status of fetus of someone obtaining Perm. Res. overseas immediately before the birth of that child.

            So, rather than guessing and listening to 'hearsay', I suggest you simply consult with Attorney on this matter.
            There are a lot of professional Immigration Lawyers who will offer free first consultation.

            If there are none you can find in your city or State, you can still locate and call one anywhere within US, since Federal Law that applies is the same regardless of where the Attorney is.

            It will cost you couple of dollars at most, but you will have much better advise or answer on this specific question.

            Good Luck,
            E.

            Comment


            • #7
              Thanks for advise, I think I will ask people at INS office or attorney then. Thanks again.

              Comment


              • #8
                Wish you Good Luck!
                E.

                Comment

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