PR, pregnancy and re entry permit . Advice needed

A

Assa1979

New Member
Hello

I am a green card holder. I made the activation trip last may and did receive the GC. After staying a couple of weeks I returned to my home country. I must go back to the US before may this year in order not to lose my status.

In the mean time I married but only traditionally, not officially at a city hall, so I know that even in my home country this is not considered a legal marriage. I am also expecting a baby and the due date is mid may 2010.

My plan is to go to the US next month since I have family there, apply for a re entry permit and have the baby in the US and come back to France as soon as I have a passport for the baby, US or french if I apply at the french consulate. I have checked with the air company and I can travel in March without any problem.

The plan is to settle down in the US before the end of the re entry permit in 2012. Husband was OK to move to the US by then and manage his own papers, study or look for a job in advance because I cannot sponsor him. He agreed on that but I suspect he is changing his mind

So I think it is easier to give birth in the US to avoid sponsor issues for the baby and I must go to the US anyway next month for the permit. I have contacted birth centers in the US and can afford that. Family will be there to help me also.

Do you think it is a good plan because my husband doesn’t agree and says it is too complicated and doesn’t give me any support. I think he wants me to lose my status but since we never know what can happen in the future I want to keep as many options as possible open. but this is a personal issue.

I also have a Canadian permanent resident card and intend to give it up in a year and a half but I never want to lose the US GC.

Any advice will be greatly appreciated

Best regards to all
 
As you said, it is more of a personal question than legal one. Once you decide what you want to do, there could be solutions on how to do that.

#1. If you want to save your green card status, you can definitely apply for a re-entry permit - valid for 2 years usually, but there could be scrutiny involved since you have already been out of US.
#2. If you want to give it up, you can do that too.

From a personal angle,
#1. Yes the airline and Doctor might say that March travel is good, but why risk it and why not travel NOW?
#2. Usually the cost of health care with insurance and without insurance can be radically different - and pregnancy is a major cost. Are you sure you know the costs?
#3. Would you be able to square it with the hubby? Because if you can not - and I do not want to advise you something wrong in the middle of all this stuff in your life - maybe you go to US, and there is no need to return to France!!

Talk to family, talk to husband, talk to doctors and insurance. And if you have to travel, I would suggest traveling sooner rather than later.
 
Assa1979 said:
My plan is to go to the US next month since I have family there, apply for a re entry permit and have the baby in the US and come back to France as soon as I have a passport for the baby, US or french if I apply at the french consulate. I have checked with the air company and I can travel in March without any problem.
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Do you have health insurance that will pay for the birth in the US? If not, expect it to cost at least $10,000. More if there are any complications like C-section or a long hospital stay for you or the baby.

If you give birth outside the US, you can benefit from the rule that allows the child of a permanent resident mother to enter the US and instantly obtain permanent resident status. The child must be under 2 years old when brought into the US, and it must be the mother's first trip to the US since birth. You don't even need a visa for the child in order to use this rule (but you will need the birth certificate). They will process the child for LPR status at the port of entry.
Husband was OK to move to the US by then and manage his own papers, study or look for a job in advance because I cannot sponsor him.
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If you get legally married to him, he probably won't be able to obtain a student visa, because student visas require the absence of immigrant intent (and being married to a permanent resident or US citizen is evidence of immigrant intent). And even if you're not legally married to him, the fact that you have a child with him may be enough for them refuse the student visa.

However, being married to you or having a child with you is not a problem for work visas like H1B or L1, because those allow immigrant intent.
 
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Assa 1979, I have been through a somewhat similar situation. Things may be more complicated that u think.
First, if I understand your post correctly u received your GC and 2 weeks later left the US, have been gone for about 8-9 months. U do not currently have a re-entry permit.
If that is all correct, u may have problems at the port of entry when u return, they may deem that you have already abandoned residency. U may have to show that u have ties to the US. In your case, I would be prepared.
If u already have a re-entry permit and I misunderstood, then the above is a mute point.

Applying for a re-entry permit after having been in the US initially for just a couple of weeks, gone for 9 months and back again just for a couple of months may be a problem. U have to give good reason to apply for a re-entry permit, it is not automatic. Also please note that having a re-entry permit (if granted) safeguards your LPR status but that time will NOT count towards continous residency requirement if you chose to apply for Naturalization down the road. In other words, the clock would start once you came back and settle after 2012 (according to your plans)

Regarding your pregnancy, when u say "birthing centers" I assume u include hospitals etc. Not sure if they have told you but sometimes when u call for prices they will tell u, it is X amount and then you find out that dr's fees are separate, anesthesia charges are separate (if u need them as a C section can never be rules out) etc etc...also God forbid but if your baby needs neonatal care, those are extra charges too. U may qualify for Medicaid, I tried posting a link but the system would not let me. U can easily Google it.


If you qualify for medicaid everything will be covered. U r not treated in any way different from any other woman with insurance. But beware....regardless of whether you go through medicaid or private insurance it is always better to not arrive last minute. There are several things you should do before birth.....find an OBGYN you feels comfortable with and who will accept new Medicaid or insured patients, find the right hospital for you...it seems all simple at first until you realize all the different options they have. There are some classes that are advisible you attend before birth too......not a must but very very helpful.
If I were you (which of course I am not) I would come back NOW, get settled and ready for the birth. Take care of you and your baby....your husband doesnt sound like is very on board so, do you! Get your baby his/her passport and then decide what u want to do, stay here, go back....whatever u decide to do, like u said, at least u will have options!

Best of luck and let us know how u get on!
 
Hi everybody

and thank you very much for for replies and explanations.
Sorry for not replying earlier but I did not have internet access.

I am travelling next week to the US, I am just waiting to go back to the doctor to make sure everything is OK. But sor far it s the perfect pregnancy for me.

Concerning the green card, since I am a DV winner I was told at the US consulate that after asking for the green card, I was allowed to leave the US for a year without problem or re entry permit. I hope the person did not mistake because I have been outside the US for 10 months now. Can anyone confirm this point

I plan to travel to the US and apply for a re entry permit and stay there until after the baby is born and definitely go back to settle down before the end of the permit. I have a couple of things to do in my home country before leaving for good.

I try not to worry too much and take things one by one otherwise I will just be overwhelmed.

I will keep you informed in the following weeks or months since this experience could help others in the same situation.

Thanks again very much and regards
 
Assa1979 said:
I am travelling next week to the US, I am just waiting to go back to the doctor to make sure everything is OK. But sor far it s the perfect pregnancy for me.

Concerning the green card, since I am a DV winner I was told at the US consulate that after asking for the green card, I was allowed to leave the US for a year without problem or re entry permit. I hope the person did not mistake because I have been outside the US for 10 months now. Can anyone confirm this point

I plan to travel to the US and apply for a re entry permit and stay there until after the baby is born and definitely go back to settle down before the end of the permit. I have a couple of things to do in my home country before leaving for good.

I try not to worry too much and take things one by one otherwise I will just be overwhelmed.
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Looks like things are going well for you. Great!!
 
Assa1979 said:
Concerning the green card, since I am a DV winner I was told at the US consulate that after asking for the green card, I was allowed to leave the US for a year without problem or re entry permit. I hope the person did not mistake because I have been outside the US for 10 months now. Can anyone confirm this point
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It is true that you are allowed to stay outside the US up to 364 days without a reentry permit. But once you go past 6 months, you can expect to be harassed at the port of entry if you don't have the reentry permit (although this time it probably won't be so bad, since it's your first long trip). You also took a big risk by staying 10 months without the permit, as something could have happened with your pregnancy to turn that 10 months into 12 months.
 
Good for you :) Be safe and have a happy, healthy baby!

I am also very confused about my first trip nd returning for a while, as I read so many stories and people warning. I also plan to activate, you back then wrap up everything and then move with my family, meaning that the first trip is probably a short one to activate, the GC will be at a safe address and that way it also does not matter how long it takes for them to arrive.
Right now I also do not know how long I need after the activation trip anyway so I ddi not start planning this (but I did start preparing, like figuring out if, when we leave after activation, we need a Re-entry Permit)
 
jaja5 said:
I am also very confused about my first trip nd returning for a while, as I read so many stories and people warning. I also plan to activate, you back then wrap up everything and then move with my family, meaning that the first trip is probably a short one to activate
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There's a reason immigrant visas are good for six months.
 
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