I-181 or DS-260 ?

M

Motoevo

New Member
Hello all,

I am in a dilemma now and I need your suggestions.

I am a GC holder and my wife and kids have just gotten approved by immigration officer. All we have to do is submit medical records and they will issue my family visas in a week. However, we are not able to travel immediately due to my wife is currently 30 weeks pregnant and since this isn't her first pregnancy. The doctors said that the baby might come much early then expected. Due to safety reasons, we would like to have the baby in Taiwan then move to the states.

I have spoke to the immigration officer and she told me that I can either close our case and file I-181 after having the baby or just wait till we have the baby and file DS-260.

My questions are:

1. What is the average wait time for DS - 260 and I-181. We wanted to move as soon as we could after having the baby therefore I wanted to file the one with least amount of waiting period.

2. My travel document is about to expire. It expired on Jun/Jul 2015. Will either of the options take more then 6 months? If so, Will I have to renew my travel document even though I will be going back to the states for few week in May?

3. Our first born just turned 17. If we wait till we have the baby. Will that effect his immigration status?

4. What is the advantage/disadvantage of I-181 and DS-260?

Thank you very much. Any input will help me a lot.

Moto
 
4. I think what they meant by the first option is to get an immigrant visa, give birth, and then go to the U.S. with the baby. If the child is born after the issuance of the immigrant visa, and brought along with the mother when she goes to the U.S. with her immigrant visa, then the baby does not need a visa to enter the U.S., and will automatically become a permanent resident upon entry just like the mother, just like if the baby had an immigrant visa. "I-181" is not a form that you fill out; it just refers to the internal process by which the border officers notify USCIS that the baby has entered and to record him/her as a permanent resident. There is no form you need to fill out. One thing to note is that the immigrant visa is usually valid for something like 6 months, so they need to be able to travel within that period of time after getting the immigrant visa, with the baby being born during this period.

I think what they meant by the other option is to get an immigrant visa for the baby (DS-260 is the immigrant visa application), but that may take months.

2. You mean your Re-entry Permit? Have you been outside the U.S. for a long time? The Re-entry Permit is only necessary if you take a trip out of the U.S. of more than 1 year. So if you go back in May, you can apply for a new Re-entry Permit at that time, but it would only be necessary if you will stay at least 1 year outside after May. Also, a few weeks may not be enough to get fingerprints done.

3. 17/18 doesn't matter. Only 21 matters.
 
Hello Newacct.

I apperciate your help. This helped out greatly.

We are expecting to have the child in May therefore we planing to travel in June or July.

My re-entry permit is about to expire in June/July 2015. I hope my family can travel altogether to avoid file extension or re-apply the re-entry permit.

I have been living in aboard for awhile as I did not want to be separated from my family.

Again, thank you very much. You have been great help!
 
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