I-130 LPR for pregnant spouse

E

erbautista

Registered Users (C)
My Wife and Son is in the Philippines, We got married Nov 2000 and my son was born July 2001, My lawyer told me that the I-130 that we filed on Jan of 2001 for my then pregnant wife should include my now 3 year old son in the petition. I've researching about a law that would explain that scenario, and I can't find anything. would someone be able to explain or suggest an article that could explain this. I just wanted to make sure because their I-130 could become current early next year. and I want to make sure that my son gets his Visa the same time with my wife. Thanks much.
 
I hate to be the bearer of bad news, but your lawyer was right.
Since you didn’t include your child in the initial application, then only your wife will get a visa.
So far INS knows nothing about your son and he won’t get an immigration visa until you properly
file I-130 for him.
My advise to you - file it ASAP.

If you want more information here is a link:

http://uscis.gov/graphics/howdoi/child.htm
 
Jane Green said:
I hate to be the bearer of bad news, but your lawyer was right. Since you didn’t include your child in the initial application, then only your wife will get a visa.
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Not necessarily.

First off, if the father is a US citizen who has spent 5 years in the US after the age of 16, then the child is most likely a US citizen and requires no visa at all.

Even if not, the minor child is eligible as a derivative beneficiary of the mother's FB petition and should be able to get in with an I-130 filed on his or her behalf.

Talk to an attorney.
 
Yes, my lawyer assured me that my son will be able to get his own visa the same time as my wife, I was just wondering how it was stated in the Immigration Law. Thanks for your insights.
 
TheRealCanadian said:
Even if not, the minor child is eligible as a derivative beneficiary of the mother's FB petition and should be able to get in with an I-130 filed on his or her behalf.
Click to expand...

This should read without an I-130 filed on his or her behalf.

However, if the father is a US citizen, I'm curious as to why you don't believe your child isn't a US citizen by birth?
 
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