Accompanying Derivative or Follow-To-Join

[Jerry Han]

I'm confused between two and what forms I have to use.

I applied greencard for my wife currently in a foreign country. Her I-130 was approved and waiting for visa interview in US consulate(DS-260)
She's currently pregnant, will have a new born baby in early November this year.

In my previous post, immihelp administrator said, I have to contact US consulate to add the baby to get a visa. But it sounds too easy process, just visit them to tell she will have a baby?

My lawyer seems having no idea, but now trying to prepare as Follow-To-Join with From I-824 and charged to pay fees for form submission and visa processing fee. If it is just to inform US consulate about the new born baby with birth certificate and I-130 approval letter(I-797), I don't know why the lawyer charged fees to submit forms.

In her case, will she add her new born baby as an Accompanying derivative or Follow-To-Join?
What forms to fill and documents does she need? I-824?
Where can I find the manual about how to file and what documents need and what fees?

[rayb]

Jerry,

The immihelp administrator was correct. Since the baby has not been petitioned or named on a petition, use of the I-824 is not relevant. When you have satisfied all birth entry paperwork on the infant's birth certificate, legitimizing your paternity, the addition of the child to the case can be made through a routine Embassy procedure, including visa fee payment, medical exam and completion of a DS-260 visa application form.

If you are a U.S. citizen petitioner of your wife, the child will need his own I-130 completed, and the Embassy should accept its submittal directly to the Embassy as a DCF (*Direct Consulate Filing"). If you are a Green Card petitioner, the child won't need an I-130 submittal.

--Ray B

I'm confused between two and what forms I have to use.

I applied greencard for my wife currently in a foreign country. Her I-130 was approved and waiting for visa interview in US consulate(DS-260)
She's currently pregnant, will have a new born baby in early November this year.

In my previous post, immihelp administrator said, I have to contact US consulate to add the baby to get a visa. But it sounds too easy process, just visit them to tell she will have a baby?

My lawyer seems having no idea, but now trying to prepare as Follow-To-Join with From I-824 and charged to pay fees for form submission and visa processing fee. If it is just to inform US consulate about the new born baby with birth certificate and I-130 approval letter(I-797), I don't know why the lawyer charged fees to submit forms.

In her case, will she add her new born baby as an Accompanying derivative or Follow-To-Join?
What forms to fill and documents does she need? I-824?
Where can I find the manual about how to file and what documents need and what fees?

[Jerry Han]

Thank you for your reply, Ray B.
My wife's case is not passed to US consulate from NVC. The cutoff date as of today for 2A category (Spouses of green card holders) is 12/22/2014. My wife's PD is 7/21/2014.
As far as I know, the case will not be passed to US consulate of the principal's country till the cutoff date is current.

So, you said, visa fee and a SEPERATE DS-260 form needs to be filed for my new born baby. Then, I have to submit the form to NVC. Is it correct?
If then, the price is the same as my wife's case, $325 for DS-260, which is what my lawyer says correct.

Jerry,

The immihelp administrator was correct. Since the baby has not been petitioned or named on a petition, use of the I-824 is not relevant. When you have satisfied all birth entry paperwork on the infant's birth certificate, legitimizing your paternity, the addition of the child to the case can be made through a routine Embassy procedure, including visa fee payment, medical exam and completion of a DS-260 visa application form.

If you are a U.S. citizen petitioner of your wife, the child will need his own I-130 completed, and the Embassy should accept its submittal directly to the Embassy as a DCF (*Direct Consulate Filing"). If you are a Green Card petitioner, the child won't need an I-130 submittal.

--Ray B

[rayb]

How this is handled depends on when the baby is born. You must first report the child's birth to the NVC, unless your wife is already scheduled for an interview before the baby is born. If the baby is not yet born, submittal fo an I-824 is nonsense, since there is nothing to be forwarded to the NVC from USCIS.

From my end of this, payment for an I-824 is wasted money (as well as the attorney's additional fee for "facilitating" his assistance for an unneeded procedure).

--Ray B

Thank you for your reply, Ray B.
My wife's case is not passed to US consulate from NVC. The cutoff date as of today for 2A category (Spouses of green card holders) is 12/22/2014. My wife's PD is 7/21/2014.
As far as I know, the case will not be passed to US consulate of the principal's country till the cutoff date is current.

So, you said, visa fee and a SEPERATE DS-260 form needs to be filed for my new born baby. Then, I have to submit the form to NVC. Is it correct?
If then, the price is the same as my wife's case, $325 for DS-260, which is what my lawyer says correct.

[Jerry Han]

My wife's interview date is not scheduled yet. So, her case is still held in NVC. As far as I understand, once cutoff date for visa bulletin announced matches her PD, NVC passes her case to US consulate for consular processing.

I also think I-824 is unnecessary as I talked to others. However, submitting DS-260 to NVC and fee for that form is must according to your comment and others I spoke to.

Thank you for following my post, Ray B. Your comment was really helpful and valuable information for others who, I am sure, reached here after online search. There are not many fall into this case.

To help online search, I'm leaving keywords;

DS-260
New baby after I-130 approved
Accompanying or Follow-to-Join
family based immigration
How to bring child, immigtration

How this is handled depends on when the baby is born. You must first report the child's birth to the NVC, unless your wife is already scheduled for an interview before the baby is born. If the baby is not yet born, submittal fo an I-824 is nonsense, since there is nothing to be forwarded to the NVC from USCIS.

From my end of this, payment for an I-824 is wasted money (as well as the attorney's additional fee for "facilitating" his assistance for an unneeded procedure).

--Ray B