My wife just had a baby! Need advice!!

[raheelc 0]

My wife just had a baby boy on December 19th!! We're located in Islamabad, Pakistan.

(I apologize if this is in the wrong sub-forum, mods please move to the appropriate section)

Here's what I need advice on and the current situation:

-I am a US citizen, and I applied for an IV for my wife

-She received her IV on December 14th, 2012, valid till June 13, 2013 (her medical records that were provided by us the time of the interview stated that she was pregnant)

-She delivered a baby boy in Islamabad, Pakistan on December 19th, 2012

-She has not yet travelled to the US for the first time (Obviously)

Now I'm trying to figure out what the best options are so that we can apply for our son's visa/take him with us to the US.

I know I can't apply for a Consular Report of Birth Abroad, because I don't have a total of 5 years physical presence in the US (I moved to Pakistan when i was thirteen, and 2 of the 5 years need to be after the age of 14)...I have traveled regularly to the US but the total amount of time doesn't add up to 2 years (its actually around 1.5 years that I can show documentation for)

Now I stumbled upon this clause in the US department of State foreign affairs manual:

9 FAM 42.1 N1.1 Child Born After Issuance of Visa to Parent

(CT:VISA-1829; 04-18-2012)

The child born after the issuance of a visa to a parent is not required to have a visa if the child is:

(1) Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent’s immigrant visa; or

(2) Born during the permanent resident mother’s temporary visit abroad provided that (see 9 FAM 42.1 N2):

(a) Admission is within two years of birth; and

(b) Either accompanying parent is applying for readmission upon first return after the birth of the child.

Does this clause that I've highlighted in red apply to us? If so, is there some sort of procedure we need to follow and what sort of documentation (for the baby) do we need to have with us while we travel? Won't the airlines/immigration officers at the Islamabad airport give us a hard time for not having a visa?

[LIFE'SJOURNEY 970]

First the baby will need a legal passport from his country of citizenship.

[raheelc 0]

First the baby will need a legal passport from his country of citizenship.

Yeah that's already under processing...we should have that in our hands within a week, hopefully.

[raheelc 0]

just bumping the thread to the top for more views and possible replies!

[pushbrk 12,569]

just bumping the thread to the top for more views and possible replies!

I was not aware of this possibility but I would check it out by contacting, the Consulate, the Pakistani authorities at the airport and the CBP in the USA before making travel arrangements. If it works, it would appear the child would be treated as an IR2 immigrant being eligible for US Citizenship upon their arrival to reside in the USA with the USC parent. You would simply apply for the child's US passport after arrival.

If it doesn't work, file an I-130 for the child with an expedite request explaining the situation and expiration date of the mother's visa.

Edited January 1, 2013 by pushbrk

[raheelc 0]

I was not aware of this possibility but I would check it out by contacting, the Consulate, the Pakistani authorities at the airport and the CBP in the USA before making travel arrangements. If it works, it would appear the child would be treated as an IR2 immigrant being eligible for US Citizenship upon their arrival to reside in the USA with the USC parent. You would simply apply for the child's US passport after arrival.

If it doesn't work, file an I-130 for the child with an expedite request explaining the situation and expiration date of the mother's visa.

I've emailed the consulate...I should have a reply from them within a day or two. Hopefully we'll be able to implement this (I've been doing some research online, and it seems some people have taken advantage of this law previously, albeit not from Pakistan)

If it doesn't work, then I'll file an I-130 for my son with an expedite request.