idea if wife's interview can be postponed?

K

khamneda

New Member
I have sent packet-III. Going around the dates (@cptracker) with Category->EB3/Service Center->NSC/Consulate->Mumbai I am expecting that the PIII will be sent to Mum. consulate around End-April 2004(i.e. approx 4 weeks after NVC receives my packet-III). Than, after that I am expecting the interview around start july 2004. Around my interview date my wife will already be 7 months completed pregnant. I am currently in India and am planning to go to the US together with my wife.

My plan is that our child gets American citizenship by birth otherwise, I will have to again go through the process of applying for the child's green-card and for that hire a lawyer...and go thru' the process.

ques 1-> are my date calculations till the interview dates a fairly good estimate or the average dates have changed?
ques 2-> will the airlines people allow her to travel with 7 months completed?
ques 3-> till what completed months/weeks/days is it safe to travel for a normal/healthy pregnant lady?
ques 4-> if somehow i get an assignment now (i.e. before a time after which she may not be allowed to travel/not recommended to travel) and I take her with me(myself on H1-and she on H4). After that when the P-4 & interview letter comes . Can i postpone her interview with the reason being her medical conditions and I alone appear for the interview?
ques 5-> i was going through the site and came across the "follow-on" ..but am not clear if it is still open for me as in the p-III, i have already specified that we both will arrive at the Port of Entry together? i.e. Form DS-230-Part-1:21a. Person(s) named in 14 and 19 who will accompany you to the United States now..i have already given my wife's name

Anybody can give some idea, whereby our child takes birth in the US????

If anybody has gone through this condition, please reply and I will be very thankful.
 
khamneda:

ques 1-> are my date calculations till the interview dates a fairly good estimate or the average dates have changed?

Answer: Expect July or latest August interview depending on exactly when the file is transferred to the consulate and entered in consulate system.

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ques 2-> will the airlines people allow her to travel with 7 months completed?

Answer: Frankly speaking NO. But you will need to check with each airline.

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ques 3-> till what completed months/weeks/days is it safe to travel for a normal/healthy pregnant lady?

Answer: I would imagine 6 months or less. But again this is a decision of each independent airline.

==============================================ques 4-> if somehow i get an assignment now (i.e. before a time after which she may not be allowed to travel/not recommended to travel) and I take her with me(myself on H1-and she on H4). After that when the P-4 & interview letter comes . Can i postpone her interview with the reason being her medical conditions and I alone appear for the interview?

Answer: Should be able to with sufficient prior intimation to the consulate.

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ques 5-> i was going through the site and came across the "follow-on" ..but am not clear if it is still open for me as in the p-III, i have already specified that we both will arrive at the Port of Entry together? i.e. Form DS-230-Part-1:21a. Person(s) named in 14 and 19 who will accompany you to the United States now..i have already given my wife's name

Answer: Follow-to join and Q21 in ds 230 part i are two different things. Since you are in usa follow-to-join is not applicable. What you could do is: you attend the interview and your wife can reschedule it to a future date. You can inform the consular officer the reason for rescheduling and approximately when she would like to attend the interview. They will not accept a specific date but you can say something like between march-june 2005...give a range and they will reschedule her interview for you.

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Anybody can give some idea, whereby our child takes birth in the US????

answer: Not sure what this question means? If your child is born in usa then he/ she is a usa citizen. If your child is born in india on your visit for cp interview then he/ she will get GC provided the mother and child return to usa on the first trip back to usa. Research this more.
 
Originally posted by kd1403
answer: Not sure what this question means? If your child is born in usa then he/ she is a usa citizen. If your child is born in india on your visit for cp interview then he/ she will get GC provided the mother and child return to usa on the first trip back to usa. Research this more.
Click to expand...

kd,

Can a unborn child be the benificary of immigrant petition?
 
query

Thanks for the replies. This site is A BOON specially with stalwarts like KD,alren,Raju and others...Thanks !!

KD,
I am working in India (I guess u r under the impression that I am in the US).


Anybody can give some idea, whereby our child takes birth in the US???? answer: Not sure what this question means? If your child is born in usa then he/ she is a usa citizen. .
---- I meant to ask : I wanted my child to be born in the US; as I did not wanted to go through another legal and lawyer process for my child. If the child is born in the US, then as KD has pointed out, s(he) will be US citizen.

Scene 1 Query:
If I get an assignment in the US now, I will go on H1 and my wife on H4. Then when the case is transferred to mumbai consulate I will request for postponement of my wife's interview due to her medical conditions (as she may/will not be allowed to fly to India due to the advance stage of pregnancy). Then I return to India. I give the interview. As a result of this, my H1 will be cancelled. So what will happen to her H4 status? I guess the H4 is valid based on my H1..so will she become out-of-status?

Scene 2 Query:
If your child is born in india on your visit for cp interview then he/ she will get GC provided the mother and child return to usa on the first trip back to usa. Research this more
--- how about this scenario: I don't do anything. just wait for the interview. than when the interview date comes in July, I and my wife attends the interview normally.
Then,
CASE A after the child is born we all three enter the US. Then I apply for my child's GC. how simple/complicated is this process? or is this not allowed at all?
CASE B before the child is born if I get a job in the US, I go ahead alone and then my wife joins me once the child is born. Is this OK. What could be the procedure in CASE B. Do i need to intimate the immigration authorities(at POE) that my wife will be joining me after few months?

Please reply..and Thanks in advance...
 
I had same concerns as Raju in the thread above, but it seems titu and prithis seems to clairfy otherwise.

Apart from the items mentioned in the thread , In India 2 things to consider from practical point of view :
o Do you easily get BC's? Also is that with the child's legal name?
o How easy (and quick) is to get the passport of few months old child?
 
alren, khamneda:

o Do you easily get BC's? Also is that with the child's legal name?

Answer: Now-a-days it takes upto 1 month (can be less too) to get the BC with legal name in india.

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o How easy (and quick) is to get the passport of few months old child?

Answer: About 2-3 months if you do it thru a travel agent!

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pregnant travel link and others

Thanks KD and Alren.

I don't know about BC's but for passport, through tatkal scheme one can get passport in a week time (we have to produce evidence of urgency to the passport authorities).

any inputs on the status of H4 visa once I attend the interview and my H1 get's cancelled (Scene 1 Query)?

Does the response in the link still holds good or rules have changed recently. I hav reproduced here for convinience:

titu What I know is that if a child is born to GC holders outside the US & if you have the birth certificate & passport for the child, the child can travel to the US with the parents without any visa requirement, until s/he is 2 years old. Once inside the US, you can go to the local BCIS office & regularize the GC for the child.
immihelp I agree with Titu, a child born outside US for at least one immigrant parent, can travel to the US with birth-certificates, passports from the country of Nationality , with in 2 years( I am not sure about the exact time frame) WITH THE IMMIGRANT PARENT. Child will not be a Citizen of the US until one of the parent becomes a citizen. However child will be granted Immigrant Status while in the US.

Regarding, pregnant lady travels, I have got two links, which other members might find useful:

Airline policies for pregnant travelers
and the other one is:
Is it safe to fly during my third trimester?


Requesting replies!!
 
khamneda:

U r right about tatkal 1 week passport concept but again it depends on urgency and case by case basis.
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any inputs on the status of H4 visa once I attend the interview and my H1 get's cancelled (Scene 1 Query)?

Answer: I think you should be fine but post this question on murthy.com chat on monday nights 9-10pm EST or check with an attorney to confirm.

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If you are expecting a response from titu and immihelp then you may wish to pm them as they may/ may not be checking this thread. But to the best of my knowledge, what is stated in those links is true! Again after all the responses, i would recommend you to consult an attorney or post this question on murthy.com chat.
 
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