Get IR2 VISA for Swiss newborn after foreign spouse received IR1 VISA.

[jer007]

Hello,

My wife and I live in Switzerland and we plan to emigrate to USA.

I (American Citizen) have a question about getting our soon to be born child to USA and avoid any problems at the border. I must admit I am becoming concerned we might lose our chance to immigrate in September.

To sum it up:

- U.S. Citizen father, never lived in USA, petitioned for Cuban spouse.
- I-130 approved for Cuban spouse, medical examination done in march, IR1 received in may and expires on September 11th 2019 (we are moving to USA on the 8th of September)
- Spouse is pregnant and child will be born, Swiss, around July 24th 2019 (child cannot become American because I do not meet the physical presence requirements to transmit citizenship at birth)
- I realized only recently thanks to my spouse and an e-mail from the embassy that I have to file a separate I-130. No USCIS office exist in Switzerland so the embassy can ask to process it in Frankfurt under exceptional circumstances.

I have two questions:
- What are the steps (file I-130, get fast approval of petition, file DS-260, file I-864, get IR2 VISA)?
- If time is too short, can I ask for a letter of explanation or something?

Any other ideas from past experience?

Thank you very much for your help.

John

[newacct]

There is a rule that a child born to a parent after the issuance of an immigrant visa to the parent and before the parent enters the US with the immigrant visa, can enter the US together with the parent as an immigrant without the child needing an immigrant visa. See 9 FAM 201.2-3(3)(a)(i). At the port of entry, all that would be needed is proof of relationship between the parent and the child, and the child will be admitted as a permanent resident. However, airlines might not be willing to board the child without a visa; in that case, you can ask the US consulate for a transportation letter that confirms that the airline can board the child for travel to the US.

[nacsaodan]

If it's no secret, what is the reason you are leaving the country? I moved from the US to Switzerland, with no regrets at all. If I were you, I`d think carefully about everything dozens of times before choosing states for permanent residency. This isn't the America it was a couple of decades ago anymore. Living in Switzerland now, I realize that moving here was one of the best decisions I ever made. I was able to build a successful business here. When I was thinking about where to move, I read a lot of stuff, and I think you`ll be interested in is switzerland a good place to live. It's more detailed here.