new born baby question

Bostonian81

New Member
Hello,
I filed I-130 for my wife. It was approved. The case was transferred to NVC. I submitted required docs, and NVC completed our case. However, due to retrogression, my wife was placed in the documentarily qualified list. In other words, she now has to wait until her priority date becomes current to be called for her interview.
Also, my wife just recently gave a birth to a baby. I emailed NVC, they told me that I have to send them the copy of her birth certificate so they could add my daughter to my wife's application. I am planning to send NVC the birth certificate as soon as my wife gets it.
In the meantime, I applied for UCS a few months ago. My interview is next month. This means that I possibly may become a USC in about 2-3 months hopefully. This means I can upgrade my wife's application from F2A into Immediate relative. Thus, she won't have to wait until her priority date becomes current. But my question is whether in that case I will have to file a separate petition for my newborn daughter? I don't want to do that honestly. First of all, separate petition means separate application fee. Second, this means longer processing time. Third, and this is the worst. BY the time my daughter gets approved on I-130, my wife will have interview and most likely get a visa. But because my wife can't come to the US without our daughter she will have to wait until my daughter's I-130 is approved, sent to the NVC, processed there, and so on. Thus, my wife's visa will most likely expire by the time my daughter's application is completed. I don't know what to do. Please, help me. I would appreciate your suggestions.
 
You have to file a separate petition for your child after you get your USC.
Even then so that will be the quickest and convenient way to do it. Just file for your Daughter first after getting your USC and once that case is approved and sent to NVC, upgrade your wife's petition at that point and ask NVC to schedule the interviews together once you have case numbers for both by phone.
 
Derivative beneficiaries are not allowed for immediate relatives of USC. So unless your wife's F2A priority date becomes current before you become a USC, you will need a new I-130 for your daughter; you might as well file it right now. Then when you become a USC, upgrade both petitions and ask them to be scheduled together.

They might not honor your request for a simultaneous interview, but once approved at the consulate your wife will have 6 months to enter the US. So that's a wide window of opportunity for your daughter's consular appointment to occur before the deadline when your wife must enter the US. If that still doesn't happen, your wife can take a short trip to the US to register her admission to permanent residence, and then return to wait for the baby's appointment.
 
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