kris7077 said:
I had a friend who was in same situation , he is H1 and his wife gave birth to a baby in India as she could not travel due to some medical conditions. So he applied for a passport in India for the new born baby and tool appointment in delhi for stamping though he is from Hyd. The baby was issued a dependent visa and they are here.
I am trying to find out if the case is same for people who are on AOS like me with an AP. I think it should be similar, I will call some more people and may be INS or some consulate in India to find out more information.
Please share any information if you have it
thanks
kris
Today ( just got off the call after waiting for 25 + 25 mins on the call) with USCIS. I explained the situation to the officer ( a lady)
Following is our information
1. AOS
2. Using EAD and AP
3. Child is/will be born abroad
How do i bring in the baby
She asked me questions (after 25 mins of wait period it was good enough to hear a live human)
a) how long is the AP valid, will be she able to make it back to the US before the AP expires. - I said yes she will be.
b) She asked what visa were you originally admitted to the US - I said H1 and she on H4. -- she said they might allow your kid to come in on H4 but I will need to transfer you to an officer who can help you
duh- another 25 mins wait
Finally another officer, lady again
The officer: Ok so I understand you have a wife who is pregnant and who is abroad, so your child will be born outside of the US,is that correct?
Me: I said yes Mam, that is very true.
The officer: Is there anyway your wife can come in to the US before the delivery of the baby?
Me: No Mam, she is under medical advice not to travel because of health reasons.
The Officer: So she has a valid AP and EAD, how long has she been out of US.
Me: Just about 3 months.
The Officer: Ok sir , this is not a regular case but you might have to file an additional 485 for your kid
Me: Yes mam, I am ok with that but how do i bring in my child?
The Officer: Its actually up to your home country American Consulate as to what they require in order to allow the child back. But here is what they generally require
a) the birth certificate of the child - with both your names
b) the birth certificate of your wife
c) Marraige certificate of yours
d) wifes and yours 485 application copy ( receipt)
e) copy of both of your EAD
f) copy of both of your current AP
g) copy of I-94
h) Doctors certificate: very important
Also its entirely up to the Home country consulate as to what they will require, so please call them up and find out their requirements. Also please note that once your child is born you will need to send a letter to the USCIS here to notify that you have a child that is born outside of the US and you wish to add her to your wife's I-485. It is possible that they will allow the child on humanitarian parole under special condition.
Me: thank you mam for the information
The officer: can i get your name sir
me: I gave the information
Ok thats is guys, I will ask my father to talk to the consulate in chennai or delhi to see what is the procedure they advise so that we can prepare accordingly.
Apparently if you are on H1 and your wife is on H4 its pretty simple, though the documentation is required, they will admit your child as a H4 so everything is ok there. So if any of you guys in this situation then please extend your H1 and H4 so that you can avoid the trouble
If any of you finds more information please update the thread so that others will benifit.
krism7077
