Indian Citizen married to US permanent resident and child born in India

S

singhpar

New Member
Hi
I am an Indian citizen and married to a US permanent resident. We both are living in India. She is expecting now. We were guided by someone that K-3 visas are not good and I should not go on that visa as it takes a long time to get an EAD and hence a job on K-3. So, I filed for H-1 and I got my receipt for the same but I cannot go until October or so. The issue is that my wife is expecting a baby now in August and so we will have to have the baby in India. Please tell us

what will be the procedure to take our child to US with us if he is born in India?

Can we declare our marriage and I still get the H-1B?

Can she take her baby along without telling to Us authority about her father and we can stay there happily together?
 
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Child born in India

Your child will not be a US citizen or a permanent resident. Based on your Indian citizenship, your child will be a citizen of India. Had your wife been a citizen of US, then your child would have been eligible for US citizenship. The other option would be to deliver the child in the US, at which point, the child will be a US citizen by birth. If you deliver the child here in India, then the child will require a visa of some kind, I guess H4 or whatever the appropriate visa for green card dependents is. I hope this helps.
 
The child of a PR status holder that is born outside the US will be processed for a GC at the POE if the following two requirements are met:-
(1) The child is under 2 years of age
(2) This is the first re-entry of the PR holder parent.

sridiculous said:
If you deliver the child here in India, then the child will require a visa of some kind, I guess H4 or whatever the appropriate visa for green card dependents is. I hope this helps.
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thanks a lot Triple Citizen..that really helped

I understand that my child would not need any visa if she goes with mother first time but my query now is wether child will need a visa if they mother and child both come back to India after their first visit and then go together the second time??
 
Thanks a lot

We got really useful information here. Thank you to everybody that shared their ideas regarding the matter.
 
singhpar said:
thanks a lot Triple Citizen..that really helped

I understand that my child would not need any visa if she goes with mother first time but my query now is wether child will need a visa if they mother and child both come back to India after their first visit and then go together the second time??
Click to expand...
When your wife and child enter US for the first time, the child will be processed and admitted as a permanent resident and the child's green card will be mailed to their US address in a few weeks. They can then travel out of US and return like all green card holders.
 
antonc said:
Do not forget to get the child endorsed in the mother's indian passport.
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there is NO "endorsed" in the mother's passport anymore. India abandoned that practice long time ago and even USA does not recognize endorsements like that.

each person regardless of their age must get their own passport. so even a one day old baby needs to have his/her own passport to travel.
 
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