GC holder giving birth abroad

[Aquarelka 1]

Hello,

the best friend of mine is pregnant with the twins. She has a conditional green card, just got one recently. Her husband is a USC, he is the husband. She wants to go back to her home country to give birth to her babies for multiple reasons. But the main reason is that her husband will probably be out of the USA at the due date and she has no one else in the are. In her home country she has family support, etc.

First way for her is:

As her husband is a USC, he can report birth of the children abroad. We know this part. But to be able to do so, both parents must be present at the embassy, esp her husband as he is a USC.

Second:

But we also heard that LPRs can bring their children to the USA somehow. You dont need to go to US embassy, you just buy a ticket for you and the baby and go. At the US port of entrance the baby gets his/her status of permanent resident. Have you heard about this? Is it true? Can you do this being married to a US citizen? She is considering this variant and she wants her mom to go with her (of course if her mom needs to get a visa first).

[payxibka 10,045]

Hello,

the best friend of mine is pregnant with the twins. She has a conditional green card, just got one recently. Her husband is a USC, he is the husband. She wants to go back to her home country to give birth to her babies for multiple reasons. But the main reason is that her husband will probably be out of the USA at the due date and she has no one else in the are. In her home country she has family support, etc.

First way for her is:

As her husband is a USC, he can report birth of the children abroad. We know this part. But to be able to do so, both parents must be present at the embassy, esp her husband as he is a USC.

Second:

But we also heard that LPRs can bring their children to the USA somehow. You dont need to go to US embassy, you just buy a ticket for you and the baby and go. At the US port of entrance the baby gets his/her status of permanent resident. Have you heard about this? Is it true? Can you do this being married to a US citizen? She is considering this variant and she wants her mom to go with her (of course if her mom needs to get a visa first).

no... without a passport they will not get in. In addition, a US consulate will NOT issue a visa to a person who has a potential claim to US citizenship until that claim has been resolved.

Edited June 16, 2009 by payxibka

[Aquarelka 1]

no... without a passport they will not get in. In addition, a US consulate will NOT issue a visa to a person who has a potential claim to US citizenship until that claim has been resolved.

Thank you! So, she has to stay there till her husband is able to come and bring them all back to the US. Okay

[rmncm 0]

Filing a birth abroad can take from 2 to 6 months. You also have to have passports for the babies to get into the US so it can take from 2-8 months for everything to happen. It just depends on the country.

[Aquarelka 1]

Filing a birth abroad can take from 2 to 6 months. You also have to have passports for the babies to get into the US so it can take from 2-8 months for everything to happen. It just depends on the country.

so long?????????? 2 months is not that bad, it is the time she plans to stay there. But 8 months????? BTW, she cant be absent for more than 6 months in order to keep her GC

Is it true?

Edited June 16, 2009 by Aquarelka

[Aquarelka 1]

And here is the citation of what we found in the internet

"As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during a temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e. green card), a valid reentry permit, or an SB-1 visa. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate."

[Mononoke28 135]

Why would she try to come back with her children as a permanent residents when they can automatically get their US citizenship through their father. It doesn't make sense to do that.

Also, if she plans to stay outside of the US for more than a year, she will need to file for a Re-entry Permit BEFORE she leaves the US. If this permit is approved she will be able to stay outside of the US for up to two years and come back without losing her green card. She will have to file form I-131 and pay $305.

Diana

[payxibka 10,045]

Filing a birth abroad can take from 2 to 6 months. You also have to have passports for the babies to get into the US so it can take from 2-8 months for everything to happen. It just depends on the country.

so long?????????? 2 months is not that bad, it is the time she plans to stay there. But 8 months????? BTW, she cant be absent for more than 6 months in order to keep her GC

Is it true?

She would consider flying back to the US with a 2 month old infant? I have a 1 month old and she will not travel ready anytime soon, particularly for that long a flight... at 9 mos. maybe....

[milimelo 4,481]

Nothing wrong with traveling with an infant. I have seen women with a 3-week old on a latest flight and the baby was handling it well. It's just about getting organized to get the passport on time.

[Aquarelka 1]

Why would she try to come back with her children as a permanent residents when they can automatically get their US citizenship through their father. It doesn't make sense to do that.

Also, if she plans to stay outside of the US for more than a year, she will need to file for a Re-entry Permit BEFORE she leaves the US. If this permit is approved she will be able to stay outside of the US for up to two years and come back without losing her green card. She will have to file form I-131 and pay $305.

Diana

I am 100% agree with you. That is what I am saying to her. She is not gonna DO it, she is just thinking over all the variants

[-mitch- 3]

hi,

at last i can now reply and been dying to do this. been a member for almost two months but i can only read but cant do replies at all. well, thank goodness now i can communicate with all the heaven sent angels that are here and having same journey with me...

i had the same situation with this too... im an LPR and gave birth in the philippines during my temporary visit.

- visit the embassy and ask for child waiver plan.

and they will give you all the requirements that they need.

- had an interview with the executive consule and was looking for all the proofs that im the

mom. (pregnancy pictures, birth pictures, i even had the prints from my ultrasounds

and if worse comes to worst... they will ask for DNA test.

- 10 days processing time. they will give you 2 sealed envelop.

1 for the transportation company coming to US and 1 for poe

- have to fly to the US 30 days after the envelop was given.

- baby should not be over 2 yrs old. and should be the first trip of mom after giving birth.

they are just tidious with the proofs but as long as you have all of those then i think you should be fine!

GOOD LUCK!