I-130 Question regarding having a baby before application approved

V

vtgirl

New Member
Please help... haven't been able to find answer to this anywhere.

My mother filed the I-130 application for me (unmarried daughter over 21) in October 2009. So I'm only expecting to receive approval decision on application in 2015. While I'm putting my life on hold by not getting married before then, I wanted to know what would happen if I had a baby? Would that alter my application and therefore increase the processing time?

Could someone advise... both for:
(i) If the baby was born outside US
(ii) If baby was born inside US (would this be considered a violation of my current application - dual-intent or something?)

Thank you!
 
It is marriage that changes the visa category not the child. If the child is born abroad, the child can be added to your petition as your dependent. If your mom is a USC, you can marry and move to a different category with a longer wait and add your spouse and children. If mom is an LPR, if you marry, you lose eligibility for a visa. UNLESS you are an alien who is a "foreign sovereign/king/queen/president/prime minister etc.." or an "invading enemy" or under "diplomatic immunity", your child born in the U.S. is a USC at birth.

If YOU have over 180 days of unlawful presence inside the U.S. there is a bar to re-entering for 3 years and if you build up a full year or more of unlawful presence the bar jumps to 10 years.
 
Thank you for responding!! Sorry I should have clarified - my mother is a US citizen. So if I have a child (unmarried) within the next five years that I'm waiting for my application to be approved:

(i) I have to claim this and have them amend my application
(ii) This will have no affect on the processing time of my application i.e. my status remains the same?

And if this child is born in the US - they don't hold that against me?

Thanks again!
 
one more thing - when you say "If your mom is a USC, you can marry and move to a different category with a longer wait and add your spouse and children" does that mean that my spouse (foreign) will have the right to live in the US with me as soon as I get my green card? If so, then its actually a shorter processing period to do so (even though it extends my processing time, it reduces his greatly i.e. takes approx 8-9years to get both of us a GC rather than 6years for me and then another 5years for him)?
 
vtgirl said:
And if this child is born in the US - they don't hold that against me?
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They won't hold the birth in the US against you, but if you end up overstaying because of the baby's health issues, your overstay could jeopardize your green card process.

However, if you are visibly pregnant, they might not let you into the US in the first place, because the high probability of overstay. Your pending green card process is also a barrier to you entering the US as a visitor.

one more thing - when you say "If your mom is a USC, you can marry and move to a different category with a longer wait and add your spouse and children" does that mean that my spouse (foreign) will have the right to live in the US with me as soon as I get my green card?
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Yes. If you marry, you move from family 1st preference to 3rd preference, which adds about 4 years to your wait, but that would allow your spouse to be added as a derivative.
 
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