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Immigration Law Question: pregnancy during immigration process

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  • Immigration Law Question: pregnancy during immigration process

    I am a perminant resident. I have approved I130 for my wife. She is currently outside the US and she is in her 1st month pregnancy. NVC just contacted us and started the process. they told us that it will take 6-9 months. what happen if she gave birth before recieving immigration visa. Would her visa cover the new infant? or I have to start a new I 130 for the infant?

  • #2
    I'm no expert but it looks like your child would be covered under derivative status:

    9 FAM 40.1 N7.2 Spouse or Child Acquired Prior to
    Admission of Principal Alien
    (TL:VISA-748; 06-30-2005)

    A spouse or child acquired prior to a principal alien‟s admission to the United
    States is entitled to derivative status and the priority date of the principal
    alien, regardless of the period of time which may elapse between the
    issuance of a visa to or admission into the United States of the principal
    alien and the issuance of a visa to the spouse or child of such alien and
    regardless of whether the spouse or child had been named in the immigrant
    visa (IV) application of the principal alien.

    http://www.state.gov/documents/organization/86920.pdf

    It sounds like it would be automatically covered. I'd guess your wife would mention it at the visa interview stage in her home country.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

    Comment


    • #3
      Thank you. That helps

      Comment

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