Immigration Site

news, advice, info

Topic1 Fresh-mint USC, with wife and new-born baby still pending F2A interview

Fresh-mint USC, with wife and new-born baby still pending F2A interview

OK my situation is a bit complicated:

In 2007 when I was still LPR, we filed greecard application for my wife who lives outside of the US.

In March 2010 her I-130 got approved and cased moved to NVC.

In April 2010 we had a baby boy.

In May NVC informed us for DS-3032, I-864 and DS-230.

I have updated NVC on the new addition of the family member, and paid AOS fee and IV fees ($70 + $400 + $400) for both of them.

Now I am getting all the civil documents to sent along w/ DS-230 (not yet)

Several days ago I became USC, and since then I have been studying this all related topics of how to "upgrade" our case, and all the problems associated with it,

So based on my understanding, there are two things that I need to do:

1. Call NVC, send them my naturalization certificate to change the visa category of my wifes case.

2. Need to file another I-130 for my son to USCIS, and wait for I-130 approval.

Is that correct? Anything else should I do? Thank you very much.

No need to file I-130 for your son, he will get derivative PR with your wife, inform NVC that after you filed for your wife you had a child and they will ask you to send his Birth certificate and will include him on the existing I-130. When he comes to US and since you are a Citizen now upon entry he will be a Citizen under the Child act and you can either apply for his US Passport (Much Cheaper) as a proof of Citizenship or apply for N-600 Citizenship Certificate with USCIS.
Sorry you said you already paid for his AOS and IV fee, well then thats done, I will leave it alone and not upgrade the petition at this point, because right after you file the originals, they will be scheduled for the interview at the embassy.

No need to file I-130 for your son, he will get derivative PR with your wife... That is incorrect. His son will be classified as an Immediate Relative of a USC, which means he will need a separate I-130. Unless there is a provision I dont know about that allows keeping the wife and child in the F2A category despite the naturalization of the petitioner.

Jack I know not just one but at least three people that have maintained F2A even though they were Naturalized and were able to get IV, I dont know if those folks just kept their mouth shut and slipped thru or upgrading a petition is voluntary then mandatory.

Carlz ! can you call NVC and find out Whats the scoop on this one and update us here, it will be a great learning experience.

 
Other

National Interest Waiver 1