Question regarding child status

Waiting4GC4Ever

New Member
Hello,

I'm one of the millions waiting for GC for ever. My and my wife's I485 have been pending since Nov' 23rd 2002 in the famous Texas Service Center.

We both are currently in EAD/AP (2nd set) valid till Jan 2005. My wife EAD alone is valid until August 28th 2004 and have applied for extension in early March 2004.

We are expecting a Baby in October 2004 and my wife wants to have the baby in India. I'm trying to find the Options if she is to leave for India and come back with the baby.

First of all, I am making an assumption her AP will arrive in time.

1. If it does and she does go to India, what will be the status of the baby when she is returning.

2. Also, since we never were FPed yet, what happens if she misses the FP notice ?

3. Any previous experience on this ?

Though this might sound as not so intelligent decision, my priorities are bit different and this is our first baby.

If it ends up that we do have our baby here,
4. Once the baby gets US Citizenship, if we decide to go back to India once for all, how is the Visa process for India for the baby works ?

Any views on this would help me get an idea of what I am getting into.

Thanks,

Have a great day.
 
Last edited by a moderator:
With best of my knowledge :-

1. If you have H1/L1 - you can get H4/L2 for baby when the baby is born in India.

2. I don't know about the AOS - I don't think there is a way out other thant waiting for your GC to be completed and then sponsor the baby. NOT A GOOD IDEA.

3. If baby is born here - baby is US citizen. You can apply for Indian Citizizenship/POI card for baby immediately. You should be able to travel to India in a month's time after the baby is born.


4. If you miss FP date - well reschedule - further delay in green card processing.

Originally posted by Waiting4GC4Ever
Hello,

I'm one of the millions waiting for GC for ever. My and my wife's I485 have been pending since Nov' 23rd 2002 in the famous Texas Service Center.

We both are currently in EAD/AP (2nd set) valid till Jan 2005. My wife EAD alone is valid until August 28th 2004 and have applied for extension in early March 2004.

We are expecting a Baby in October 2004 and my wife wants to have the baby in India. I'm trying to find the Options if she is to leave for India and come back with the baby.

First of all, I am making an assumption her AP will arrive in time.

1. If it does and she does go to India, what will be the status of the baby when she is returning.

2. Also, since we never were FPed yet, what happens if she misses the FP notice ?

3. Any previous experience on this ?

Though this might sound as not so intelligent decision, my priorities are bit different and this is our first baby.

If it ends up that we do have our baby here,
4. Once the baby gets US Citizenship, if we decide to go back to India once for all, how is the Visa process for India for the baby works ?

Any views on this would help me get an idea of what I am getting into.

Thanks,

Have a great day.
 
Think about it

It would be crazy not to have the baby here and go through all the trouble.

Fly whom ever you want from India over here.

My 2 cents worth.
 
If the current rate of processing continues then CIS will be processing close to your baby's birthday. You might want to consider this as well in your decision.
 
If you have insurance, I would recommend to have the baby here instead of in India. It is going to be a little painful, but you can always have your parents, etc. come here for help.

Once your GC is approved, it is going to be a long haul to get your child's GC.
 
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