Planning to have kids

[noob]

I am currently a US PR. I married my wife who is currently F-1 status; she is still attending school full time. We have filed for her I-130 petition and approved. We are currently waiting for her priority date to file for I-485.

However, as we're waiting for the priority date to come, everything seems to be on hold. We are both getting older and would like to have children soon - we don't want to be 70 years old and our kids are still in high school. Just wondering if anyone knows:
1) what's the status of the newborn?
2) What will my wife's status be when she has the kid?
3) Will she get to stay here? I don't think I can handle a full time job and a kid without her.

 

[nkm-oct23]

Is she planning to deliver the child in the US? If so, child is automatically a US citizen.

Child does not confer any special status on its parents. Your wife will have to be in a legal status of her own
(like F1) until she is ready to file I-485.

 

[BigJoe5]

Quite a bit to consider...

I am currently a US PR. I married my wife who is currently F-1 status; she is still attending school full time. We have filed for her I-130 petition and approved. We are currently waiting for her priority date to file for I-485.

However, as we're waiting for the priority date to come, everything seems to be on hold. We are both getting older and would like to have children soon - we don't want to be 70 years old and our kids are still in high school. Just wondering if anyone knows:
1) what's the status of the newborn?
2) What will my wife's status be when she has the kid?
3) Will she get to stay here? I don't think I can handle a full time job and a kid without her.

How long has she got left until graduation?

Could she continue to be an F-1 student with a baby?

How long have you got until you can file for naturalization? And would you qualify?

If your child is born in the U.S. it will be a US citizen.

If your wife gives birth abroad while waiting for a visa, the child will be added to the I-130 and will get a visa.

If she gives birth abroad after getting a visa, the child will also enter as an LPR.

If you naturalize before the child is born and the child is born abroad, it is very likely that the child will be a USC at birth.

If you naturalize and then the child is born abroad, the child will require an I-130 if not a USC but it is among the variety that can be done at the embassy/consulate and expedited in order for the mother an child to travel together.

If you naturalize soon she will be able to file for adjustment without leaving the U.S.

If her priority date becomes current while still in a valid status she can file as the spouse of an LPR.

If she overstays her valid non-immigrant stay by 180 days then she would trigger a bar to re-entry and require a waiver if she leaves the U.S. (even to Canada or Mexico).

If she overstays her student visa and you don't qualify for naturalization, she will be screwed and be forced underground.

If she overstays and you naturalize she will then be able to file as an immediate relative of a USC and could not depart until she gets approved for a green card or else she would face the same re-entry bar.

How healthy are her parents? Could she be a in a position of having to return home for an illness or funeral?

It's a heck of a lot to think about.

Caution: Failing to Plan = Planning to Fail.

Be prepared to be a part for a while but it won't be forever.

Could you two put off having a child and maybe she could get an employment based non-immigrant visa while waiting for you to naturalize or for her PD to become current?

See a lawyer if you have to.

 

[Jackolantern]

1) what's the status of the newborn?
2) What will my wife's status be when she has the kid?
3) Will she get to stay here? I don't think I can handle a full time job and a kid without her.

If she leaves the US, she risks being refused entry with the F1 visa (because of the immigrant intent indicators of marriage to an LPR and the I-130), and the baby probably wouldn't be able to get an F2 visa. So unless you plan to have them stuck outside the US until they get green cards, she better give birth in the US.

With medical documentation and approval from the school, F1 students can get temporary medical leave, allowing them to stay in the US and maintain status while attending classes part time or without attending classes at all. She should inquire at her school's International Student Office (or whatever the call it) about the procedures for obtaining medical leave. She'll probably be able to get time off for the late stage of the pregnancy and a few weeks or months after the birth.

What is the priority date of the I-130, and is your wife from Mexico or the Philippines?

 

[noob]

If she leaves the US, she risks being refused entry with the F1 visa (because of the immigrant intent indicators of marriage to an LPR and the I-130), and the baby probably wouldn't be able to get an F2 visa. So unless you plan to have them stuck outside the US until they get green cards, she better give birth in the US.

With medical documentation and approval from the school, F1 students can get temporary medical leave, allowing them to stay in the US and maintain status while attending classes part time or without attending classes at all. She should inquire at her school's International Student Office (or whatever the call it) about the procedures for obtaining medical leave. She'll probably be able to get time off for the late stage of the pregnancy and a few weeks or months after the birth.

What is the priority date of the I-130, and is your wife from Mexico or the Philippines?

I doubt she'll leave US to have our baby. I'm working here, all our insurance stuff are here. Plus, it's my kid, I want to be part of it from the baby part to the fun part to the heartache part.

Thank you, we'll definitely check into the temporary medical leave. I wasn't aware of the possibility.

No. My wife is not from Mexico or Philippines. Her priority date is April 2011. We have been looking at the move ... it seems like every month, there's a 6 mos move; so hopefully we'll get to file early next year.

 

[noob]

How long has she got left until graduation?

Could she continue to be an F-1 student with a baby?

How long have you got until you can file for naturalization? And would you qualify?

If your child is born in the U.S. it will be a US citizen.

If your wife gives birth abroad while waiting for a visa, the child will be added to the I-130 and will get a visa.

If she gives birth abroad after getting a visa, the child will also enter as an LPR.

If you naturalize before the child is born and the child is born abroad, it is very likely that the child will be a USC at birth.

If you naturalize and then the child is born abroad, the child will require an I-130 if not a USC but it is among the variety that can be done at the embassy/consulate and expedited in order for the mother an child to travel together.

If you naturalize soon she will be able to file for adjustment without leaving the U.S.

If her priority date becomes current while still in a valid status she can file as the spouse of an LPR.

If she overstays her valid non-immigrant stay by 180 days then she would trigger a bar to re-entry and require a waiver if she leaves the U.S. (even to Canada or Mexico).

If she overstays her student visa and you don't qualify for naturalization, she will be screwed and be forced underground.

If she overstays and you naturalize she will then be able to file as an immediate relative of a USC and could not depart until she gets approved for a green card or else she would face the same re-entry bar.

How healthy are her parents? Could she be a in a position of having to return home for an illness or funeral?

It's a heck of a lot to think about.

Caution: Failing to Plan = Planning to Fail.

Be prepared to be a part for a while but it won't be forever.

Could you two put off having a child and maybe she could get an employment based non-immigrant visa while waiting for you to naturalize or for her PD to become current?

See a lawyer if you have to.

I don't think it's ideal to continue with her classes while pregnant. We might try the medical leave of absence as suggested by in the other post.

I have about 2 years before I can apply for USC. I think I should qualify. No reason why I wouldn't. I applied through work; left the company, but haven't left the country. Continue to work and pay my taxes.

We definitely want her to finish what she started. She started on the path of Physician Assistant; and after so much effort and resources (in both time and money), we would like to see her finish. Plus, she needs a career here in US anyway. So I think we'll try the medical leave route if we decided to have a kid.

Of course, we'll definitely consult an attorney if and when we're doing this ...

Nevertheless, thank you very much for all your suggestions / information.