Status for the baby

S

ssrg

Registered Users (C)
Hi,
I have applied my I485 and it is still pending. My wife is going to deliver a baby in February and I am planning to send her to India. In this case if the baby is born in India and meantime we get our approval, what will be the status for the baby? Since the mother will have the grencard, can the baby included alongwith it or should we file I485 separately?
Thanks in advance,
ssrg
 
my 2cents

As baby would have indian citizenship.
1) Now you can add her as follow to join on your case(If you case gets approved by the time baby is delivered).
2) She can keep comin on everytime on businees visa.

The above all is pain in ass.
So best would be have your wife deliver baby here.
Call your parents. Or If they are not able to come here you can take Leave for taking care of your wife. This is legal in probably all states as well (according to fed law).
You just need to present a certificate from doctor and you would get paid as well.
 
ssrg,
the INS ruling is as follows :
If a GC holder has a baby outside the country, the child will be granted GC stamp at the port of entry, as long as the child comes to US along with the 1st trip of the parents back to US.. Note the word first trip. This trip could be upto 2 yrs from delivery....

Now if she is not the GC holder, I think the child needs to have an H-4 visa...

goodluckk
 
SWaiting ,

Could you please let me know, where u got the information on this.

"
the INS ruling is as follows :
If a GC holder has a baby outside the country, the child will be granted GC stamp at the port of entry, as long as the child comes to US along with the 1st trip of the parents back to US.. Note the word first trip. This trip could be upto 2 yrs from delivery....
"
 
Source : immigration-law.com
Updated 05/11/2002: Important Reminder of Child Born Abroad for Permanent Residents

Since a baby becomes a U.S. citizen automatically if they were born in the U.S. The problem is that most parents bring the baby with them when they return to the U.S., but some parents return alone leaving the baby to their parents for the obvious reasons of difficulty in raising an infant when the mother works full-time. It is a big mistake, though.
People should remember the following rules:
(1) A child born abroad of legal permanent resident parents may enter the U.S. without a visa provided the child is accompanied by a parent upon that parent’s initial return to the U.S. within two years of the child’s birth with documentation showing the parent-child relationship.
(2) If the permanent resident parents leave the child abroad with family members and return to the U.S. without the child, the child must have an immigrant visa to enter the U.S. The child cannot apply for an immigrant visa unless the permanent resident parent(s) file a FB 2-A preference petition with the Immigration and Naturalization Service. It will take a number of years.
 
I hv

seen this topic in murthy chat and as per the murthy, if the mother is GC holder and wish to deliver the child outside the country and then baby can get GC status too provided the mother should enter US along with baby within 2 years of time. POE officers will stamp GC in baby's PP.

I think best alternative to have delivery here in US to avoid hassles of stupid immigration laws and state of the art INS organisation. :D
 
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