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Child born in India?

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Filed: Country: India
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My Indian husband and I were married last month in Noida. Happy as 2 peas in a pod and preparing for the whole visa nightmare and our next visit. However, it appears I brought something unexpected back to the States with me. It's not official, but we are strongly suspecting I'm pregnant. If we have the baby in the States, is it automatically a US citizen? If it's born in India, is it considered an Indian citizen? I've done some searching, but not having much luck. If anyone has any info or a link they can share, I would appreciate it. Thanks!

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Filed: K-1 Visa Country: Philippines
Timeline
My Indian husband and I were married last month in Noida. Happy as 2 peas in a pod and preparing for the whole visa nightmare and our next visit. However, it appears I brought something unexpected back to the States with me. It's not official, but we are strongly suspecting I'm pregnant. If we have the baby in the States, is it automatically a US citizen? If it's born in India, is it considered an Indian citizen? I've done some searching, but not having much luck. If anyone has any info or a link they can share, I would appreciate it. Thanks!

yes if they are born in the USA they will become US Citizen by natrual. If the baby was born in India

it depends. Are you a USC? if you are then you can make your baby a USC cause your a USC.. IF you are a Perm. Res and are Indian then you will have to get a visa for the baby.

I hope that helps

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Filed: Country: India
Timeline
yes if they are born in the USA they will become US Citizen by natrual. If the baby was born in India

it depends. Are you a USC? if you are then you can make your baby a USC cause your a USC.. IF you are a Perm. Res and are Indian then you will have to get a visa for the baby.

I hope that helps

Thank you, Yogi. I am a US citizen by birth. I appreciate the information.

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Filed: K-3 Visa Country: India
Timeline
yes if they are born in the USA they will become US Citizen by natrual. If the baby was born in India

it depends. Are you a USC? if you are then you can make your baby a USC cause your a USC.. IF you are a Perm. Res and are Indian then you will have to get a visa for the baby.

I hope that helps

Thank you, Yogi. I am a US citizen by birth. I appreciate the information.

As it is I'm having a hard enough time waiting these months for my wife's I130 to make it to NVC... I couldn't even comprehend what it would be like leaving my wife and child in India while I file I130's and wait nearly a year to get my kid in the states...

you would need to ask yourself if you have your child in India, is it worth going through the entire I130 process again to get your child in the USA?

If your child is born in USA, She will be instantly a US citizen and her birth certificates prove USC. Once your child is born in USA, you can file for OCI and get all the rights in India as if your child was born there anyway ( I think the only thing she cant do with that is run for office or vote, but google to be sure)

While My parents are both from India, I was born here and they used my birth certificate to prove citizenship until I got my US passport.

Edited by Baltar

See "About Me" for full timeline.

K3 Interview: 2009-12-16 - Approved

K3 visa in hand: 2009-12-18

POE Newark: 2009-12-20

EAD & AOS Timeline:

Submitted EAD & AOS: 2010-01-22

NOA1 EAD & AOS: 2010-02-02

RFE AOS: 2010-02-10

Biometrics: 2010-02-26

RFE Response Snt: 2010-03-02

RFE Response RCV: 2010-03-11

EAD Approved: 2010-03-30

EAD Received: 2010-04-01

AOS Interview: 2010-04-28

AOS Approved!

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Filed: K-3 Visa Country: India
Timeline

http://www.***removed***/nri/pio-vs-oci.html

here we go - i googled it for ya..

The only issue I see with it is that it's dual citizenship, would have to ask if USA even allows dual citizenship?

Worst case is your child can get PIO card, they're both the same except PIO only lasts 15 years while OCI is lifelong..

Edited by Kathryn41

See "About Me" for full timeline.

K3 Interview: 2009-12-16 - Approved

K3 visa in hand: 2009-12-18

POE Newark: 2009-12-20

EAD & AOS Timeline:

Submitted EAD & AOS: 2010-01-22

NOA1 EAD & AOS: 2010-02-02

RFE AOS: 2010-02-10

Biometrics: 2010-02-26

RFE Response Snt: 2010-03-02

RFE Response RCV: 2010-03-11

EAD Approved: 2010-03-30

EAD Received: 2010-04-01

AOS Interview: 2010-04-28

AOS Approved!

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Filed: Citizen (pnd) Country: India
Timeline
yes if they are born in the USA they will become US Citizen by natrual. If the baby was born in India

it depends. Are you a USC? if you are then you can make your baby a USC cause your a USC.. IF you are a Perm. Res and are Indian then you will have to get a visa for the baby.

I hope that helps

Thank you, Yogi. I am a US citizen by birth. I appreciate the information.

As it is I'm having a hard enough time waiting these months for my wife's I130 to make it to NVC... I couldn't even comprehend what it would be like leaving my wife and child in India while I file I130's and wait nearly a year to get my kid in the states...

you would need to ask yourself if you have your child in India, is it worth going through the entire I130 process again to get your child in the USA?

If your child is born in USA, She will be instantly a US citizen and her birth certificates prove USC. Once your child is born in USA, you can file for OCI and get all the rights in India as if your child was born there anyway ( I think the only thing she cant do with that is run for office or vote, but google to be sure)

While My parents are both from India, I was born here and they used my birth certificate to prove citizenship until I got my US passport.

Wrong, if any of the parent of the child is a USC and have been maintaining their residency in US for the past 5 years, they don't have to go through seperate i-130 for the child, they will have to file CRBA.

US allows dual citizenship, India doesn't. So OCI isn't exactly dual citizenship, it sure does make things a bit easier but it isn't dual citizenship.

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  • 4 weeks later...
Filed: AOS (pnd) Country: India
Timeline

I'm a USC and had my baby in India. He/she is a USC at birth. Go to the consulate/embassy website for your region of India you will be staying in, and check out the CRBA section. After the baby is born, you inform the consulate/embassy and you'll go for a simple interview and present your documents. After approval your baby will get a birth certificate and passport (if you opt for it at the time).

Our Timeline

Met online: 2005-08

Met in person the first time: 2007-11-11 <3

2008

December I-129F Sent: 2008-12-18 | I-129F NOA1: 2008-12-24

2009

April Our baby is born: 2009-04 <3<3<3

May CRBA* Interview: 2009-05 *Consular Report of Birth Abroad

July I-129F NOA2 : 2009-07-08 | NVC Received:2009-07-17 | Baby & Mommy returned to the U.S. 2009-07-20

August Consulate Received : 2009-08-06

September Packet 3 Received : 2009-09-09

Notified Case will be transfered: 2009-9-10

October Case transfered from New Delhi to Mumbai 2009-10-23 | Packet 3 received FROM MUMBAI: 2009-10-31

November Packet 3 Returned to Mumbai: 2009-11-03 | Packet 4/Interview Letter Received by EMAIL: 2009-11-23 | Documents Submitted: 2009-11-30

December Interview: 2009-12-09 (Result: 221g - Get joint sponsor)

2010

January -Joint Sponsor Documents Submitted- | Visa Issued :)2010-01

February Arrived in U.S. 2010-02 :) <3 | Married: 2010-02 <3

April Filed AOS(Rec. by USCIS): 2010-04-23

June Biometrics Appointment: 2010-06-02 | RFE: 2010-06-02 Request for copy of foreign BC;

Evidence Rec. by USCIS- 2010-06-07 | Denied*- 2010-06-08 :(*Due ultimately to USCIS error/claims foreign BC is translation

Currently: Refiling :(

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