Very urgent. Pls. Help - Friend expired - Need advise for his Wife Status and Travel

[Waitng4GC]

Please post your inputs soon as possible so that we can help her timely.

My friend became a US citizen after his GC. He got married 2 years before. His wife was in F1 and then got GC. She is 3 months pregnant now and need to travel with her husband's coffin to India in another two days. We want to consult with an immigration attorney soon, but before that we dont know what are the aspects we have to consult.
Following are some ex. questions. please provide your input for them..as well as any other missing items we have to consult with the attorney.

When she is in India
1. Will her GC be in valid status. How long can she stay in India without any paper work and return back to US. What are the paper works she need to do before going to India. Can she do the paper works in India itself.

2. If she delivers a baby in India, will the baby be a US citizen as the baby's father is a US (became) citizen (like person of american origin).
3. Can she claim Social Security benefits from India.
Does her GC status determines the collection of her husband's Social security benefit.


Please post your message soon. Thanks
We would be very Thankfull if you can also directly contact me at
mahesh1976@hotmail.com

[PHANI_TAVVALA]

Please post your inputs soon as possible so that we can help her timely.

My friend became a US citizen after his GC. He got married 2 years before. His wife was in F1 and then got GC. She is 3 months pregnant now and need to travel with her husband's coffin to India in another two days. We want to consult with an immigration attorney soon, but before that we dont know what are the aspects we have to consult.
Following are some ex. questions. please provide your input for them..as well as any other missing items we have to consult with the attorney.
I am sorry about your friend.

When she is in India
1. Will her GC be in valid status. How long can she stay in India without any paper work and return back to US. What are the paper works she need to do before going to India. Can she do the paper works in India itself.

She can be out of country for 5 months and 29 days without a re-entry permit. If she applies for reentry permit she can come back after 1-2 years. She will need to apply reentry permit before she leaves U.S though

2. If she delivers a baby in India, will the baby be a US citizen as the baby's father is a US (became) citizen (like person of american origin).
The newborn will most probably be an Indian citizen. He/She would have been an US citizen if the father was alive and baby was born in India (since father was a U.S citizen). This falls into a gray area and getting a legal opinion might help.


3. Can she claim Social Security benefits from India.
Does her GC status determines the collection of her husband's Social security benefit.
Yes, She can claim social security benefits irrespective of where she is and even if the father does not have 40 credits (though the benefits that can be availed will be low).


Please post your message soon. Thanks
We would be very Thankfull if you can also directly contact me at
mahesh1976@hotmail.com

Pleas consult attorney as soon as possible about babies citizenship question (send an email to American Embassy too).

[pmpforgc]

Pleas consult attorney as soon as possible about babies citizenship question (send an email to American Embassy too).

Sorry to hear about the loss of friend.

I thnik wife will retain her GC and can travel as allowed to LPR.

She might need to contact Indian Embassy (consulate) for death certificate for need in India.

Also later on she once come back she might need to apply for removal of condition when eligible for marriage based GC.

It will be advisable to contact immigration attorney for quick consultation.

[pmpforgc]

Please post your inputs soon as possible so that we can help her timely.

My friend became a US citizen after his GC. He got married 2 years before. His wife was in F1 and then got GC. She is 3 months pregnant now and need to travel with her husband's coffin to India in another two days. We want to consult with an immigration attorney soon, but before that we dont know what are the aspects we have to consult.
Following are some ex. questions. please provide your input for them..as well as any other missing items we have to consult with the attorney.

When she is in India
1. Will her GC be in valid status. How long can she stay in India without any paper work and return back to US. What are the paper works she need to do before going to India. Can she do the paper works in India itself.

2. If she delivers a baby in India, will the baby be a US citizen as the baby's father is a US (became) citizen (like person of american origin).
3. Can she claim Social Security benefits from India.
Does her GC status determines the collection of her husband's Social security benefit.


Please post your message soon. Thanks
We would be very Thankfull if you can also directly contact me at
mahesh1976@hotmail.com

Hope this links helps or some general idea MurthyDotCom : New Immigration Provision for Surviving Family Members (http://www.murthy.com/news/n_surfam.html)

[pmpforgc]

Please post your inputs soon as possible so that we can help her timely.

My friend became a US citizen after his GC. He got married 2 years before. His wife was in F1 and then got GC. She is 3 months pregnant now and need to travel with her husband's coffin to India in another two days. We want to consult with an immigration attorney soon, but before that we dont know what are the aspects we have to consult.
Following are some ex. questions. please provide your input for them..as well as any other missing items we have to consult with the attorney.

When she is in India
1. Will her GC be in valid status. How long can she stay in India without any paper work and return back to US. What are the paper works she need to do before going to India. Can she do the paper works in India itself.

2. If she delivers a baby in India, will the baby be a US citizen as the baby's father is a US (became) citizen (like person of american origin).
3. Can she claim Social Security benefits from India.
Does her GC status determines the collection of her husband's Social security benefit.


Please post your message soon. Thanks
We would be very Thankfull if you can also directly contact me at
mahesh1976@hotmail.com

MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/mb_pdf/111309_P.html)

[ivgclive]

1. Will her GC be in valid status. How long can she stay in India without any paper work and return back to US. What are the paper works she need to do before going to India. Can she do the paper works in India itself.
(From google)
You can stay out of the US for up to 6 months with no consequence, as long as the person has a vaild green card and passport. Over 6 months contact with the US consulate is needed and the green card holder can stay out of the country for up to a year. Over a year the green card holder will forfeit their green card and not be allowed to re-enter the country.
The US permanent resident CAN stay out of the country for more than a year if they apply for and are granted a re-entry permit by USCIS prior to leaving the country. However, for a PR to become a citizen, he/she must have 5 years of continuous residency and staying abroad for more than a year will typically break it regardless of whether a re-entry permit is issued/used.


2. If she delivers a baby in India, will the baby be a US citizen as the baby's father is a US (became) citizen (like person of american origin).

Yes. You can register the birth at the consulate. There is an option. But his birth certificate will be issued by INDIA. (You must know the 'country of birth' conditions).


3. Can she claim Social Security benefits from India.
Does her GC status determines the collection of her husband's Social security benefit.

Complicated as she has not become a US Citizen yet.

The above answers are from google results and my understands from social security web site and us birth rights from consulates/us passport websites. They should not be used as a main source or guidance. Please consult an immigration laywer.

[suttu]

dont waste your time here - talk to an attorney - please/

[Waitng4GC]

Thank you very much for all. The family did consult an attorney and moving in right direction. Will update back on this thread what the steps are been taken .

Thanks again for every one who took their time to help us.

[furiouspride]

The OP just created this username and chose to pick 'Waitng4GC' to post this thread. Just sayin...

[buddyinsd]

R u nuts? The OP's join date is: Aug 2007 and he/she has two more posts in diff threads and only 2 posts on this thread.

Learn how to use the tool else dont blabber...Poor guy(or gal) is trying to help someone who's in bad shape and then there are ppl like u trying to pick on everything and everyone.

The OP just created this username and chose to pick 'Waitng4GC' to post this thread. Just sayin...

[ohguy]

The stay period to become a US Citizen based on Marriage based GC is 3 years. Also if mother becomes a US Citizen then the kid becomes a US Citizen automatically. This information can be found on USCIS website.

As said by other posters its best to consult a good immigration attorney.

[andycool]

R u nuts? The OP's join date is: Aug 2007 and he/she has two more posts in diff threads and only 2 posts on this thread.

Learn how to use the tool else dont blabber...Poor guy(or gal) is trying to help someone who's in bad shape and then there are ppl like u trying to pick on everything and everyone.


I agree with you ..that poor fellow is genuinely trying to help some one who is in need..and his/her questions are genuine ...

thanks

[furiouspride]

R u nuts? The OP's join date is: Aug 2007 and he/she has two more posts in diff threads and only 2 posts on this thread.

Learn how to use the tool else dont blabber...Poor guy(or gal) is trying to help someone who's in bad shape and then there are ppl like u trying to pick on everything and everyone.
My apologies.