QUESTION
How to add a new born to a pending I-130 petition?
Asked on Dec 28th, 2016 on Immigration - Michigan
More details to this question:
I'm USC. My wife's I-130 is pending in NVC now. We just had a newborn baby in India. I have not been "physically present" in US for 5years - because although I have resided in US for 5 years, I have taken 2months trip each year to India. Now, how do I proceed for my newborn baby's case? Can I join him to my wife's petition or do I have to file a new I-130 for him? If a new I-130 is required, what happens if my wife's case finalized before my son's case? Thanks
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
As you are a US citizen, you filed a non-quota immediate relative petition for your wife which has no allowance for dependence. Your best action at this point is probably to file an I-130 petition for your newborn baby and the two cases can hopefully be joined together at the NVC or at the US consulate or embassy. This is not an uncommon situation, and you or your attorney can slow down your wife's case in the consular processing stage to allow your newborn baby's case to join up.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 12th, 2017 at 5:56 PM