Options to bring the child to US, born to 485 applicant

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raja10

Registered Users (C)
My I485 is recently approved on 10 Aug 04, for my wife and daughter 485 is pending, FP not done for them as it was filed only couple of days before my approval. I would appreciate if somebody can advise me if we decide to have our next child in India (Well my insurnace does not cover maternity expenses and I cant afford it topay from my own pocket :( ), what options do we have.
I have read somewhere that if the child born to a GC holder is brought in to US(On what vis thats another question) with in six months of birth then he/she automatically get GC, but wheather this applies to a 485 applicant's (who is out of US on AP) child??? Another issue is what happens if she gets FP , while she is waiting to deliver the child in India??
 
485 info

What was your 485 receipt date and notice of action date? Which service center? Please publish your info.
 
Basically, if the wife has the child outside the US there are a number of potentially serious complications.

First, if she is out of the US for an extended period of time then she will either miss her FP or stay beyond the validity of her Advance Parole. At that point the adjustment is toast and the spouse will need to use FTJ with all of the delays and family separation that this entails.

Second, if the child is born outside the United States, then it can get permanent residency without a petition provided it is brough to the US by the father on his first return to the US after its birth. This means that if he goes to India for the birth, he must bring the child with him to the US when he returns. (If the wife's adjustment has been abandoned then she must stay in India.)

If he does not bring the child with him, then (based on my reading of the Visa Bulletin) not only would the child not qualify for entrance without an immigrant visa, there is a good chance that the child would not qualify for FTJ (since the dependent relationship did not exist at the time of the father's permanent residency) and might be forced to go into FB2 - which means filing an I-130 and a FIVE YEAR wait in India.

The last paragraph is something where the caveat in my signature is really important. I am not a lawyer, and this is not an area I've researched in depth. However, there is the possibility that what I have said is the case, and I would be very careful to research this with an attorney. Get his opinion in writing, and run it by another attorney. That won't be cheap, but the ramifications are so huge that it is worth it.

When you factor in extended separation from family and extra round trip tickets to India, you might want to spend a little time investigating how to get a high deductible insurance policy or a reduced rate in advance from the hospital/ob. A standard delivery for my wife was $14,000 but insurance paid $2200. Even if you end up $5,000 out of pocket it'll be cheaper than the India route.
 
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