Please help! Both parents as PR and want to have a baby delivered in India

hsd

New Member
Hi

Me and my wife both got our GC in october 2000. We are pregnanat and
my wife wants to get the baby delivered in India. What will be the status
of the newborn baby. What would be the procedure to get the baby back to US. Please advice!
 
No Title

"We are pregnant" ..both of you ???
US consulate website ( Bombay - Chennai ) has answer to your question
 
Have the Baby here in US...or else...

Ur baby will be real mad once he grows-up!!...

With Dual Citizen ship on the horizon..it makes great sense to have the baby in USA.

Saves U so much paper work..down the road..in processin Ur babie\'s green card!!

Itz just my opinion..n I could be wrong!!

By the way..congratulations...!!
 
No Title

I totally agree!!!Have the baby in USA.
He/She can even become US president!!!!
Congratulations!!!!
 
Could you please clarify more JoeF?

You said the baby gets a GC if he/she travles with the mother on her first visit to US after the child birth. What is the procedure to get the GC for baby and how long does it take?
 
hsd - one suggestion why don\'t you ask an immigration lawyer!

Theare are some sites where good immigration layers answer questions for free! like murthy.com etc.
 
My situation is worse, folks!

I\'m Green Card holder for 2 years and I have fiancee. We are waiting for baby in June, but with present waiting times in INS there is no possibility for my fiancee to be admitted in US till at least three years. Since I\'d not like to be on welfare, I\'d like to go to my homecountry for marrying him and baby delivery and then return to USA. But will not be fact of delivery abroad considered as intention to leave USA (even if following no more than 180-days rule)? Is it true that in this case I don\'t have to petition for special visa for baby till his 2-nd birthday?
Any answers appreciated.
 
No Title

What JoeF is talking about applies to when the parents enters US for first time after getting their Immigration Visa. This is for Consular Processing. When you enter US, at the POE you can add the name of a new born while submitting the Visa Documents for GC.

I do not believe it applies to GC holders whose child is born outside US. There must be some other visa that you can bring the child on. But please consult an Immigration Lawyer before you take such action.

Best of Luck.
 
Hardship?

Actually I found somewhere on FAQ travel.state.gov (or visa.state.gov) that it\'s true, but I did not get any confirmation from INS. But I search it now..
Did anybody use hardship waiver in case?
Thanks to everybody.
 
I am sorry for you ....for the Mankind for that matter ....

I can imagine how much mental pain you must be going thru, I was in your shoes last year, these women will never make men\'s life easier, thank god I came out of those hellish days, how much you explain to them they won\'t get convinced. See you have only one choice, that choice, having baby in US, this is the only good choice, the reason is, if she delivers the baby in India, you can\'t
bring your baby back to US, you can only apply for a tourist visa, that you get only 6 months, so tell your wife, that if she really
wants to deliver in India, she and the baby can\'t be with you for years. This is just like a divorce. you can be here without your wife,
but can you be here without seeing your baby for years????, this is very heart breaking decision, so somehow convince her to deliver here and assure her that after the baby is delviered you all can travel to India and she can stay there at most 1 year with teh baby, and for the delivery also you bring her mom to US, that will convince her. otherwise you are ruining your US career and family life, be careful here dude, I had the exact problem, but at the end I came out as victor. hell with these ladies ..., send private message
if you want to know anything ....

good luck
 
The problem is little more complicated than that...

I have applied for MBA programs and if get admitted (hope so with 770 GMAT) will have to start end of august/sept first week and the expected date of delivery is also 30 Aug. so if I have to go to east coast where most of my schools are, it will be really difficult for my wife here in Chicago (even with her parents) to manage the whole thing on her own. She has a programming job here so would hate to let that go, particularly when I am a full-time student.

So the choice for me would be either to defer the admission to next year or to have the baby delievered in India at my wife\'s parents...

Thanks
-hsd
 
The problem is little more complicated than that...

I have applied for MBA programs and if get admitted (hope so with 770 GMAT) will have to start end of august/sept first week and the expected date of delivery is also 30 Aug. so if I have to go to east coast where most of my schools are, it will be really difficult for my wife here in Chicago (even with her parents) to manage the whole thing on her own. She has a programming job here so would hate to let that go, particularly when I am a full-time student.

So the choice for me would be either to defer the admission to next year or to have the baby delievered in India at my wife\'s parents (if that is at all possible without hurting the future of the baby). If the choice is between his/her being on GC as against a citizen (which he/she can become anyway in 5 yrs) we would be willing to go with the option.

I checked the consulate site, and they say as someone on this post mentioned that within two years baby can come with one parent, but they don\'t answer how long after being here will it take for the GC processing to go thru and during the processing time can my wife/baby travel to India. If it is like typical 8-10 years family processing category thing then it would not be worth it and I would rather defer the admission.

Thanks
-hsd
 
American justice system treats immigrants like objects!

The child should get the same status ie GC as their parents on her birth. There is no justice for immigrants though the economy runs because of them.
 
Yeah, I found it by search here,

8. A posting at
Posted By: chennaicp 10/17/01 1:00 PM
(#32 of 35)
http://www.immigration-law.com/ which answers the original question.
Go to thsi site and look under Breaking News.
Updated 10/10/01: Information for Pregnant Permanent Resident Women

The following is reposting of the information which this website posted in 1999 for the pregnant alien women. Today, someone jokingly told this reporter that difficult time and high unemployment have been
 historically producing more babies. Probably there is truth to this joke just as the joke that the villagealong the steam railroad train track has higher pregnancy rate. Trains, particularly freight trains, run after midnight and whistles! The following information may be of help to these new alien fathers and mothers.

Please sit back and enjoy it!
Updated 07/31/99: Information for Pregnant IV Applicants
As I-485 track is expected to take a horrible delay (as affected by the August priority dates) and subject to increasing risk involving loss of the petitioned job, more and more people are thinking about IV consular processing at the home country (in some situations, even taking a greater risk). Without doubt, by the time they go to the consulate for IV interview, a number of women applicants will be pregnant. This reporter wishes that the following information gives some help to such women on the issue of the immigrant status of a baby born after the immigrant visa is issued to the mother. Upon presentation of the baby\'s birth certificate, INS District Director will issue an immigrant visa waiver and prepare Form I-181, Memorandum of Creation of Record of Admission for Lawful Permanent Residence, which is the INS internal record to grant a lawful permanent resident status. The same will happen if a green-card woman travels outside the U.S. and during the temporary trip, a baby is delivered outside the U.S.

In order to get this benefit, the following conditions must be satisfied:

1: The trip to the U.S. must be made while the baby\'s parent\'s immigrant visa is valid;

2: The baby must accompany such parent. For a child who was born while the green-card mother was travelling outside the U.S., the following additional conditions must be satisfied:

3: The accompanying parent
 
But our nice INS lady said

that\'s this "not garanteed" .
I better talk with attorney.
 
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