Q&A: How can naturalization affect my I-130 for wife and child? (7/12/11)


Question:  I’m a US citizen now, when I was a LPR I petitioned I130 for my spouse, when it approved. After 2 years of waiting we had a baby & she was included into the same petition. Finally they both interviewed at consulate on December 2010 for US immigration visa, but unfortunately they put in to administrative review. now case is at DOS & they say priority date to be current in order to complete AR..(PD is 05/2008). While waiting for this, I became a citizen. If I inform & upgrade my case, will my wife & under 2 year child able to get visa at the same time?? In case if the child rejected under derivative beneficiary what are other option to apply visa for child. Does my wife need to accompany her? Even if I have to put another I 130 under CR2 /IR2, how can I make request to make speed the process before my wife’s visa expired?

Answer: Legally your wife and child cannot immigrant as spouse and child of a permanent resident as you are now US citizen.  The problem for this is that your child cannot be included in your petition for your wife.  You will have to file a separate I-130 for your child and it may take several months to a year for the processing.  If the US consulate does not know your naturalization and approves the visas for your wife and daughter, they may be fine.