Wednesday, July 08, 2015
Q: My husband filed a petition for me to immigrate back in 2013. I have not had my interview yet and recently had a baby. Can I add the baby to my filing?
A: Congratulations on the birth of your child! The answer to your question is "it depends". There are two groups of family-based immigrant visa categories -- IR and F. IR stands for immediate relative and these cases are filed by US citizens on behalf of their spouses, children under 21 and their parents. The F visa category is for family preference cases. These cases are filed by both US citizens and in some cases legal permanent residents (green card holders) on behalf of their children, spouses and siblings.
If your husband is a US citizen, your petition falls into the category of IR. Children cannot be added to these cases. However, your husband can file a separate petition for your child.
Please note: If your husband is the father of your child and was a US citizen at the time of your child's birth, your child may already be a US citizen. You can get more information at : http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html and http://www.uscis.gov/us-citizenship/citizenship-through-parents.
* If you think the baby might be a US citizen you should plan a visit to our American Citizen Services section.
* If your husband is not the biological father of your child, he will need to file a separate IR stepchild petition for the baby.
* If your husband is a legal permanent resident (F visa category) he may be able to add your child to your petition. Please contact us at KingstonIV@state.gov so we can further advise you. more
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