US Citizen Husband - Citizenship Processing Questions for wife and child

K

kumsakthi

Registered Users (C)
I am naturalized US citizen and my wife has got conditional Green card in March 2012 based on my US citizenship. She got regular green card in 2014.

Please advise on the following situation:


1. My wife is pregnant (7 weeks) and we are looking for an option if she can go to India and deliver the baby in India. Please advise the possibility on delivering the baby in India, without undergoing immigration related issues.

2. In this scenario, is it advisable for my wife to apply for her US citizenship (On the basis of marriage to naturalized US citizen and considering that she has green card for 3 years). If so, how long it will take for her to get US citizenship We are located in South Carolina. Would applying citizenship now means she has to deliver baby in US only. Since she cannot travel by flight after 7 months.

3. Even if her US citizenship application is in progress, can she travel to India, deliver baby and come back to US.

4. If she goes to India and deliver baby, how long she can stay in India before she can return back in US without affecting her future US citizenship prospects.

5. Can the baby get US citizenship (since Father is naturalized US citizen), even if the baby is born in India and how long it will take for the baby to get US citizenship from India and travel back to US

6. Are there any other immigration related issues, for this situation that I am not aware of
 
I will try to answer your questions, but personally I would make my wife deliver the baby in US, much less headache.

1-It shouldn't be a problem.
2- If your wife applies now, it would take her 5 months or less to finish the process [ both field offices in SC are quick right now]
3-yes.
4- she needs to stay less than 6 months[ more than 6 months it will be considered that she broke her contentious residence ]
5- yes you can pass the citizenship to the kid [ keep in mind you need to report the birth to the US embassy/ consulate in India ], there is a form to fill and the will do an interview with parents, and ask for some document, review the embassy website for more information http://newdelhi.usembassy.gov/service/reporting-births-and-citizenship-questions.html ] Once the process is complete / approved you will receive CRBA/ US passport for the kid]
6- Not really, but as you can see a lot of headache to complete that.

Why not just deliver the baby in the US, and then take the family for a vacation to India. Keep in mind you need to be there for the consular interview if you wanna take that route. So, you need to plan your time off from work.
 
By the way, I got naturalized US citizenship in Sep 2006 but relocated to India from July 2009 to Aug 2010 and since Aug 2010, I am residing in US
 
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