question regarding birth of child in India (hopefully) after CP

T

todal333

Registered Users (C)
Hi Guys,
Happy republican day to my Indian brothers and sisters.
My I-140 is approved recently, and I had opted for CP. My interview date will be very close (within a month range) to my wife\'s delivery due date. Of course I\'m not sure when will be the interview as I-140 is approved recently. So if for some reason, hopefully after getting successfully done, if she delivers baby in India, what will be the baby\'s status? Can baby come back with her or she needs special kind of visa? If baby is delivered in India before interview what will be her(baby\'s) status? Can we add her(baby) to into petition?
Or I\'m better of doing 485?
Your knowledge/information/help is really help me in taking this major decision. Lawyers are not that much helpful and I need to decide it fast.

Thanks.
 
My 2 cents

What you will get at the consulate are "Immigrant Visas" and your dependents under 21 will get it with you. You can easily add the baby to your list.. you will need Birth certificate and other docs for him/her.
If you have already come back and wife stays back to deliver then she can apply for the baby and she and baby can enter US after you on their immigrant Visas

If the baby is delivered in India before you get your immigrant visas-will your wife be able to go to the Embassey and stay ALL day in such medical condition with a small baby? Also remmeber that there is a limitation where Airlines will not carry a pregnant women after x(6 or 7) month of pregancy.
 
Visas- my case- hopefully gives you a clue

First time, when I had applied for visa on H1B status in Mumbai consulate, my son was one month old. We (I and my wife) took our baby to the consulate. The consulate denied to let my son in and hence her Mom had to stay out with him. I gave pasports for all 3 of us. The consular officer told that usually if a kid is less than 2 yrs old, he/she can travel with her Mom\'s passport only, you need not get a passport for the kid (and hence logically thinking don\'t even need visa). Since I had my son\'s passport, they stamped my son\'s passport as well.

Hopefully this gives you some clues...
 
why not have the baby in the US

i would suggest that:

1. Try to postpone the interview if you can...
2 if you have someone to take care of your wife during the birth of the baby, then atleast postpone her interview, (i know a case where the interview of the family was postponed because of kids school)

The baby born in the US will be a US citizen and will save you much additional paperwork and headache later....
 
No Title

Give her the best birthday present ever - make her a US citizen by birth (she could run for a president one day). All the best!
 
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