Need Urgent Information...

[prajwal123]

Dear Friends,
Please answer this question urgently. Currently me and my wife are in EAD working here. My wife needs to go back india for her delivery. please let us know what are the implications? Is there a problem bringing baby later to US? what visa they give to baby? What happens if my approval happens during that period(July -2002 EB3)? or do we get another finger printing notice if we can't go?

PLEASE WAITING FOR YOUR REPLY.

THANKS
Prajwal

[kondur_007]

Originally Posted by prajwal123

Dear Friends,
Please answer this question urgently. Currently me and my wife are in EAD working here. My wife needs to go back india for her delivery. please let us know what are the implications? Is there a problem bringing baby later to US? what visa they give to baby? What happens if my approval happens during that period(July -2002 EB3)? or do we get another finger printing notice if we can't go?

PLEASE WAITING FOR YOUR REPLY.

THANKS
Prajwal

I am assuming that yours and your wife's 485 is pending and both of you work on EAD. YOur wife is pregnant and needs to go back to India for delivery while you will stay in US (or may visit there for a short time 1-2 weeks). Here is what I think:

1. As far as you and your wife are concerned; there is no problem. Just make sure that your wife has a valid AP and expiry date on AP is well beyond the expected delivery date. Also if you plan to visit for 1-2 weeks or so around the time of her delivery, make sure you have valid AP as well.
If they send FP notice or something of that sort while your wife is gone; you can reschedule it giving the reason (just tell the truth). I dont think it will be a problem.
If GC gets approved while she is away or both of you are away; you still should be fine.

2. For your child: this may be a problem. I am not very sure about the rules in this regard but this is what I can tell (again this may not be 100% accurate):
- If your GC (i am assuming you are primary and your wife is dependent) is not approved till the child is born; you can always file for child's GC as "follow to join". (this may have to be CP; or if you can bring the child back to US on some form of visa it can be AOS).
- If your GC is approved before the child is born, this may be a bigger problem. I do not know about the laws on this but there is something called DREAM act that may be applicable; but basically I have no clues about this.

Good Luck with your Green Card and congratulations on having a baby.

[pbojja]

I second Kondur ...

[prajwal123]

Thanks kondur_007 for the information.

Anybody are in similar situation? Appreciate your response.

Thanks again,

Prajwal

[insbaby]

Originally Posted by prajwal123

Dear Friends,
Please answer this question urgently. Currently me and my wife are in EAD working here. My wife needs to go back india for her delivery. please let us know what are the implications? Is there a problem bringing baby later to US? what visa they give to baby? What happens if my approval happens during that period(July -2002 EB3)? or do we get another finger printing notice if we can't go?

PLEASE WAITING FOR YOUR REPLY.

THANKS
Prajwal

Please revisit your decision if you can. Both of you are in EAD and working here, should have covered by insurance fully. You can consider having baby here instead of going there.

If you are planning to go there, she has to go at the 5 th month for safe as airlines won't let to travel if past 6 or 7 months. And she can come only after few months once baby is born.
[** Removed ** Your baby has to get Indian passport, go to US consulate for H4 stamping etc etc. ** Removed **]
[** Updated ** If you don't have or maintaining valid H1B, your kid and/or wife can not obtain H4 visa. ** Updated **]

Counting from the day she is leaving US, it would surely takes 8 months to 1 year before she comes back.ut,

If you plan to have baby here, you have lot of options.

But, I don't know your situation, so my suggestion may or may not work for you.

[hotammo]

Originally Posted by kondur_007

- If your GC is approved before the child is born, this may be a bigger problem. I do not know about the laws on this but there is something called DREAM act that may be applicable; but basically I have no clues about this.

Good Luck with your Green Card and congratulations on having a baby.

Children

Children of the new permanent resident who are born in the United States are U.S. citizens. They may be entitled to dual citizenship of the U.S. and the parent's home country, depending upon that country's laws. Children who are born abroad prior to the grant of permanent residence are the same as spouses who marry before the green card approval. They may adjust status to permanent residence, if in the U.S., or undergo consular processing. Children born abroad after the principal's adjustment date are also entitled to the same priority date and procedure to obtain permanent resident status, if born of a marriage that occurred prior to the adjustment of status. This can be important when the derivative spouse is expecting a baby, but the baby is born after the green card case is approved.

Once both husband and wife are permanent residents, they may face the decision whether to have their children born in the U.S. or in the home country. Some people chose to have their children in the home country to be close to their families. Children born abroad to permanent resident mothers are permanent residents, if certain conditions are met. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, which must occur before the child is two years of age. As of this writing, the child in this situation does not need a visa. The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and the child's birth certificate.


Source: http://murthy.com/fmlytous.html

Hope this helps address the second point mentioned by Kondur

[surabhi]

Originally Posted by insbaby

Your baby has to get Indian passport, go to US consulate for H4 stamping etc etc.

This is verry pertinent. If you both are working on EAD , you are no longer on H1. How can the baby come back on H4?

If you really need your wife to go to India, I suggest taking opinion with attorney, since the ability for the baby to come back might be an issue.

[milind70]

Originally Posted by prajwal123

Dear Friends,
Please answer this question urgently. Currently me and my wife are in EAD working here. My wife needs to go back india for her delivery. please let us know what are the implications? Is there a problem bringing baby later to US? what visa they give to baby? What happens if my approval happens during that period(July -2002 EB3)? or do we get another finger printing notice if we can't go?

PLEASE WAITING FOR YOUR REPLY.

THANKS
Prajwal

The main point here is that why would one want his/her child to be born outside US when the parents are applying for PR/LPR . This creates a doubt in intent of residing in US .
This was the reply one of my friends got from a couple of lawyers when he was in the same situation as you are finally they took a decision to have the child here itself in the US

[rsdang]

I know there must be a hundred reasons to have the baby in India...

However - dont do it.

Have your kid in US and none of these issues would happen. I would hate to see you suffer the sepration with your family...

I would not take that chance if I were in your shoes.... Having said that - Hope it all works out for you... God Bless.

[dba9ioracle]

If you both are using EAD, you can not bring your child on H4.

on the side not (sorry if it is personal), I did not understand why your wife is going to india for delivery ? Don't you have insurance ? Doctors generally advise not to travel long journey ? She will get better treatment here.. and you can call somebody from your family to be here too...

[insbaby]

Originally Posted by surabhi

This is verry pertinent. If you both are working on EAD , you are no longer on H1. How can the baby come back on H4?

If you really need your wife to go to India, I suggest taking opinion with attorney, since the ability for the baby to come back might be an issue.

Aahhhh. My bad. I am a stuipd.

Sorry. Let me correct it in my post.

[ssa]

I know it is such a personal decision but I'll still urge you to reconsider it. Normally I wouldn't mouth off my opinions in such personal matters but it will be a LOT of hassle to bring back the new born to US from India and even after that your child will be put in the same endless immigration Q we are all stuck in forever! On the other hand If you have your baby here he/she directly gets the citizenship!

If there is no one who can come from India to help you in the months following the delivery it still can be done. Couple of my friends did have their kids here with no one to help them since their parents couldn't get US visa. It's definitely hard but still doable. Medical care (pre and post delivery for both the mother and the new born) here is really good as long as you have good insurance. At the same time think about how much headache you will be saving your kid down the line. It's worth the hardships you'll have to suffer for couple of months.

[kondur_007]

Originally Posted by hotammo

Children

Children of the new permanent resident who are born in the United States are U.S. citizens. They may be entitled to dual citizenship of the U.S. and the parent's home country, depending upon that country's laws. Children who are born abroad prior to the grant of permanent residence are the same as spouses who marry before the green card approval. They may adjust status to permanent residence, if in the U.S., or undergo consular processing. Children born abroad after the principal's adjustment date are also entitled to the same priority date and procedure to obtain permanent resident status, if born of a marriage that occurred prior to the adjustment of status. This can be important when the derivative spouse is expecting a baby, but the baby is born after the green card case is approved.

Once both husband and wife are permanent residents, they may face the decision whether to have their children born in the U.S. or in the home country. Some people chose to have their children in the home country to be close to their families. Children born abroad to permanent resident mothers are permanent residents, if certain conditions are met. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, which must occur before the child is two years of age. As of this writing, the child in this situation does not need a visa. The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and the child's birth certificate.


Source: http://murthy.com/fmlytous.html

Hope this helps address the second point mentioned by Kondur

Thank you for this useful information. This was exactly the issue I was not aware of.

[prajwal123]

Dear friends..
Thank you so much for the information.. just wanted to confirm.. we are in a process of making decision where to have delivery.. As I don't have much long term plans to stay in here..I don''t have issue with insurance or any other problems to have baby here.

Thanks again for the help.

Prajwal