I-485 + Expecting a baby(outside USA)

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kvasu9999

Registered Users (C)
Hello Gurus,

I need help from someone experienced/knowledgeble:

Situation is:

I'm planning to join a company who has an approved LC, which will be transferred into my name and I'm planning to start I-140&I485 simultaneously.

Now the issue is:

We are expecting a baby and my wife is planning to have the baby outside the country. In this scenario,

1) I understand my wife can not take Medical tests/vaccinations since she is pregnant. How does it work? Can we do the tests after the child's birth and submit later for her?

2) What about the new born kid. Can the baby's name be added after I-485 filed?

3) Is her presence required for the application process? (because I'll be applying next month and she is leaving this month).

Any help is much appreciated.

Thanks alot and finest regards.




 
Answers

1. She can still see the doctor and the doctor will make a note that she is pregnant and will not perform any tests that might affect the pregnancy. The probable problem is that her 485 might generate a medical RFE, either she can respond to it with a new medical inspection then or if yours is approved can plea with the IIO and waive medical inspection.. No Biggee... Remember if the mother is feeding , she should not take the skin tests or vaccines....

2. After the baby is born, you can add dependents to the I485 process by using your I485 receipt copy...

3. The applicant has to be in the US to be eligible for applying for adjustment of status. But as I said in 2, you can add them at any time, even after I140 approval (of course before h1/l1 expiry) and they will still retain their position in the Queue along with you.
 
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