Pregnant wife in India in Green Card, unable to travel. Status of the Child??? Help

S

sailakfan

Registered Users (C)
Hello Everybody,
I have a strange situation. We are Permanent Residents and have a six year old daughter born in US. I just turned eligible to apply for citizenship and my pregnant wife's condition will not permit her to travel back to the US. I am applying for my Citizenship tommorrow at the Dallas center. Our baby is due in mid of July and in case if I am not a Citizen by then, what happens to the status of the newborn? Once I become Citizen does the baby automatically becomes the Citizen of US. Losing sleep over this, so anybody please advise.
Thank you in advance.
sailakfan
 
I think it depends on when you get your usc and when your baby arrives.If you get your citizenship first you can apply for your new born at the American consular in India. If the baby arrives first,you could apply I-130 for your baby.If not ,have your wife bring her back to the US before the baby turns 2 (but it has to be your wife first trip back to the US) You can get more info from reading the usc section on this site)
 
Thank you

anghor,
Thank you very much for your response. One more thing, is the mother's first trip back after the baby's birth or her first trip ever to the US?
sailakfan
 
sailakfan said:
anghor,
One more thing, is the mother's first trip back after the baby's birth or her first trip ever to the US?
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Her first trip back after the baby is born. The provision would be relatively useless otherwise. :)
 
If you naturalise before your child's birth, he/she will be a US citizen by birth. You just need to go to the nearest US consulate and register the birth of your child. If birth takes place before you naturalise, then your wife can bring your child back to the US and he/she gets GC status upon entry. The day you take your oath, you can apply for your child's US passport. The only scenario I am not too sure is what will happen if you naturalise after the child's birth but before the child is in the US on a GC. I believe the child will still get GC upon entry due to the child's mother being a GC holder. Not too sure how the child then gets a US passport through you. Ofcourse when your wife naturalises, the child becomes a US citizen. Somebody else may chime in.

sailakfan said:
Hello Everybody,
I have a strange situation. We are Permanent Residents and have a six year old daughter born in US. I just turned eligible to apply for citizenship and my pregnant wife's condition will not permit her to travel back to the US. I am applying for my Citizenship tommorrow at the Dallas center. Our baby is due in mid of July and in case if I am not a Citizen by then, what happens to the status of the newborn? Once I become Citizen does the baby automatically becomes the Citizen of US. Losing sleep over this, so anybody please advise.
Thank you in advance.
sailakfan
Click to expand...
 
Thank you

RealCanadian,
Thank you and I was just making sure. Appreciate it.

TripleCitizen,
I too was wondering the same thing about what if I have to take the oath after the baby's birth and the baby is a permanent resident and like you said when my wife applies for her citizenship then can we apply for the baby's citizenship too? Can anybody confirm please.
Thankyou,
sailakfan
 
Don't be a nut...

sailakfan said:
RealCanadian,
Thank you and I was just making sure. Appreciate it.

TripleCitizen,
I too was wondering the same thing about what if I have to take the oath after the baby's birth and the baby is a permanent resident and like you said when my wife applies for her citizenship then can we apply for the baby's citizenship too? Can anybody confirm please.
Thankyou,
sailakfan
Click to expand...


Sailakfan,

There is no need to lose sleep over this issue, unless we are on the brink of third world war.... I see none in your case.... :rolleyes:

If you child is born before you become a US citizen, she becomes a greencard holder or US citizen. Once the child is back in the US, it will be issued a greencard or US passport abroad. Since your child will be under 18yrs, then you can apply for its US citizenship. :rolleyes:

You can't apply for naturalization of a child under 18, they derive it from one of the parents. Just apply for certificate and USCIS will do it... :confused:

Lastly, sleep....I see no issues here, except losing sleep over the pregnancy of your wife, because it is more serious than this citizenship or greencard nonsense. :eek:
 
Thanks Al

Al,

I called 800-375-5283 this morning after starting this thread and spoke to a lady who was very patient and helpful and she too said the same things you have pointed out and I really appreciate your reply.

Any unknown looks and feels complicated and right now I am feeling very relieved.

I cannot follow your advice ( to sleep) right now since I am at work ;) but will do the same tonite.

Thankyou
sailakfan
 
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