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PLEASE HELP! New Baby During My Wife's DS-260 (I-485 equivalent)

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  • PLEASE HELP! New Baby During My Wife's DS-260 (I-485 equivalent)

    Hello, I have a situation.
    I am a US permanent resident(Not Citizen) and married my wife. She's currently in a foreign country.
    I applied for a greencard for my wife last on July 23,2015. I-130 was approved and her case is moved to NVC in the foreign country. Now she's waiting for an interview with DS-260 stage.
    She got pregnant and the baby is coming out next month, Nov 10,2016.

    From where should I process my baby's greencard? I thought my baby is automatically given a US permanent resident when my wife brings the baby after she received a visa from DS-260. But as I spoke with a immigration agent, he said, I have start all over for my baby from I-130? Is this true? If then, there will be gap between my wife's greencard and the baby's, about a year. We can't leave the baby overseas, have no people to take care of.

    What should I do?

  • #2
    As long as when your wife travels to the U.S. the FIRST time within the two years of giving birth to baby and carries baby during that FIRST visit, the baby can get green card upon arrival.

    If the baby is already born before your wife gets immigrant visa, she can take the baby to the consulate and get that baby an immigrant visa as well.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Thank you for your reply. That's very encouraging.
      What form or process step do I have to take for follow-to-join? And what could be the total processing cost?


      Originally posted by Jerry Han View Post
      Hello, I have a situation.
      I am a US permanent resident(Not Citizen) and married my wife. She's currently in a foreign country.
      I applied for a greencard for my wife last on July 23,2015. I-130 was approved and her case is moved to NVC in the foreign country. Now she's waiting for an interview with DS-260 stage.
      She got pregnant and the baby is coming out next month, Nov 10,2016.

      From where should I process my baby's greencard? I thought my baby is automatically given a US permanent resident when my wife brings the baby after she received a visa from DS-260. But as I spoke with a immigration agent, he said, I have start all over for my baby from I-130? Is this true? If then, there will be gap between my wife's greencard and the baby's, about a year. We can't leave the baby overseas, have no people to take care of.

      What should I do?

      Comment

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