Giving Birth Outside US

[STEPHnRIA 2]

I came here in the US using K1 visa, got married January 2009, applied for AOS last February 2009. Right now, my AOS application is still pending and Im 24 weeks pregnant.

After much thought, my husband and I have decided that I will give birth in my home country, the Philippines. I am anticipating that I won't get my AOS application approved anytime this year. I already have my EAD and AP and I plan to travel with my son (who also has AP) using the AP documents. My question is, how long are we allowed to be outside US? Im planning to travel on October, give birth on first week of December then come back last week of December. So that will be 75 days total. My husband will follow and be there for the birth of our child. We will apply for CRBA for the baby and come back here in the US all together. How does our plan sound? Are we missing anything here?

Again, thanks everyone for all the help all these times...

[happywifeymom 4]

I came here in the US using K1 visa, got married January 2009, applied for AOS last February 2009. Right now, my AOS application is still pending and Im 24 weeks pregnant.

After much thought, my husband and I have decided that I will give birth in my home country, the Philippines. I am anticipating that I won't get my AOS application approved anytime this year. I already have my EAD and AP and I plan to travel with my son (who also has AP) using the AP documents. My question is, how long are we allowed to be outside US? Im planning to travel on October, give birth on first week of December then come back last week of December. So that will be 75 days total. My husband will follow and be there for the birth of our child. We will apply for CRBA for the baby and come back here in the US all together. How does our plan sound? Are we missing anything here?

Again, thanks everyone for all the help all these times...

That's what i did..never had a problem at all. The only difference is i already have a green card when i travelled. You can stay as long as you don't stay out of US for more than a year. I was in Pinas for 5 months. Bring all ur husband's documents so it would be quicker for u to process the CRBA. Good luck.

Just not sure about when your interview for your AOS or if you will be interviewed. You should not miss it. I can give you the detailed requirements and steps of the CRBA process or you can ask Mikenyhen..

Edited August 14, 2009 by happywifeymom

[Otto 83]

A re-entry permit is required for stays 1-year or more outside the US - 75 days would not be a problem - I assume you've done biometrics (since you have your EAD but your timeline isn't updated to reflect this) - the thing is, what are your plans if you are asked to an interview?

[STEPHnRIA 2]

A re-entry permit is required for stays 1-year or more outside the US - 75 days would not be a problem - I assume you've done biometrics (since you have your EAD but your timeline isn't updated to reflect this) - the thing is, what are your plans if you are asked to an interview?

Hmmmm... I thought of that too... The thing is, I am having problems with my AOS application right now. I keep on getting RFEs about my medical. I already sent them the form I-693. And they still sent me the same RFE. I already went to USCIS office here in Tampa and they too can't give me much information except that I do the medical thing all over again. I told them I don't need to as I came here on K1 visa. They just said to just do it. Call me stubborn, but I really think I dont need to do something I know I dont need to do. Anyway, its August right now and that leaves me 2 months to wait for an interview letter. If I don't get a letter next month, Im planning to do another infopass again to inquire about my status.

[STEPHnRIA 2]

I came here in the US using K1 visa, got married January 2009, applied for AOS last February 2009. Right now, my AOS application is still pending and Im 24 weeks pregnant.

After much thought, my husband and I have decided that I will give birth in my home country, the Philippines. I am anticipating that I won't get my AOS application approved anytime this year. I already have my EAD and AP and I plan to travel with my son (who also has AP) using the AP documents. My question is, how long are we allowed to be outside US? Im planning to travel on October, give birth on first week of December then come back last week of December. So that will be 75 days total. My husband will follow and be there for the birth of our child. We will apply for CRBA for the baby and come back here in the US all together. How does our plan sound? Are we missing anything here?

Again, thanks everyone for all the help all these times...

That's what i did..never had a problem at all. The only difference is i already have a green card when i travelled. You can stay as long as you don't stay out of US for more than a year. I was in Pinas for 5 months. Bring all ur husband's documents so it would be quicker for u to process the CRBA. Good luck.

Just not sure about when your interview for your AOS or if you will be interviewed. You should not miss it. I can give you the detailed requirements and steps of the CRBA process or you can ask Mikenyhen..

Thank you so much! That's exactly what I need. More or less I have an idea because I read it at the US Embassy Manila website but it would be helpful to hear from other people's experience. How long will that take?

[Otto 83]

A re-entry permit is required for stays 1-year or more outside the US - 75 days would not be a problem - I assume you've done biometrics (since you have your EAD but your timeline isn't updated to reflect this) - the thing is, what are your plans if you are asked to an interview?

Hmmmm... I thought of that too... The thing is, I am having problems with my AOS application right now. I keep on getting RFEs about my medical. I already sent them the form I-693. And they still sent me the same RFE. I already went to USCIS office here in Tampa and they too can't give me much information except that I do the medical thing all over again. I told them I don't need to as I came here on K1 visa. They just said to just do it. Call me stubborn, but I really think I dont need to do something I know I dont need to do. Anyway, its August right now and that leaves me 2 months to wait for an interview letter. If I don't get a letter next month, Im planning to do another infopass again to inquire about my status.

Your medical is 1-year old at this point - even though you filed months and months ago, you have to answer to the RFEs (this is worrisome to me).

I'm sure you'll do what is necessary but be cautious to answer the RFEs and get through to the PR/Green Card before you decide to travel - things can come up and/or an interview eventually scheduled and if you're away (even though you have AP) you may not be able to travel and that would not be a very comfortable situation to be in.

[happywifeymom 4]

I came here in the US using K1 visa, got married January 2009, applied for AOS last February 2009. Right now, my AOS application is still pending and Im 24 weeks pregnant.

After much thought, my husband and I have decided that I will give birth in my home country, the Philippines. I am anticipating that I won't get my AOS application approved anytime this year. I already have my EAD and AP and I plan to travel with my son (who also has AP) using the AP documents. My question is, how long are we allowed to be outside US? Im planning to travel on October, give birth on first week of December then come back last week of December. So that will be 75 days total. My husband will follow and be there for the birth of our child. We will apply for CRBA for the baby and come back here in the US all together. How does our plan sound? Are we missing anything here?

Again, thanks everyone for all the help all these times...

That's what i did..never had a problem at all. The only difference is i already have a green card when i travelled. You can stay as long as you don't stay out of US for more than a year. I was in Pinas for 5 months. Bring all ur husband's documents so it would be quicker for u to process the CRBA. Good luck.

Just not sure about when your interview for your AOS or if you will be interviewed. You should not miss it. I can give you the detailed requirements and steps of the CRBA process or you can ask Mikenyhen..

Thank you so much! That's exactly what I need. More or less I have an idea because I read it at the US Embassy Manila website but it would be helpful to hear from other people's experience. How long will that take?

I came here on a K1 visa too and even though my medical at SLEC was only 3 months old when i got here still i had to do another medical here in Georgia. CRBA only take 10 days for me.

[dale_trisha 3]

Everyone is hitting the right thing in this case. A K1 medical is only good for one year. So your past that now.

[Usui Takumi 1,562]

Everyone is hitting the right thing in this case. A K1 medical is only good for one year. So your past that now.

No it isn't...she filed when it was 6 months old. Its likely she's one of the unluckies who had their medical lost.

[STEPHnRIA 2]

It wasn't expired when I filed which was February. The civil surgeon knew that so she didn't also think it was necessary. When I got the first RFE for medical, it was month of June. So that even did not make the one year expiration. I sent just a copy of the I693 since I sent the ones in sealed envelopes along with my aos packet. I got the same RFE again after a month. The lady at the USCIS here agreed with me that I dont need to do another medical but she advised me to just do whatever they were asking me to do. The thing is, they were not clear as to what they really need. It just said, form I693.

[STEPHnRIA 2]

A re-entry permit is required for stays 1-year or more outside the US - 75 days would not be a problem - I assume you've done biometrics (since you have your EAD but your timeline isn't updated to reflect this) - the thing is, what are your plans if you are asked to an interview?

Hmmmm... I thought of that too... The thing is, I am having problems with my AOS application right now. I keep on getting RFEs about my medical. I already sent them the form I-693. And they still sent me the same RFE. I already went to USCIS office here in Tampa and they too can't give me much information except that I do the medical thing all over again. I told them I don't need to as I came here on K1 visa. They just said to just do it. Call me stubborn, but I really think I dont need to do something I know I dont need to do. Anyway, its August right now and that leaves me 2 months to wait for an interview letter. If I don't get a letter next month, Im planning to do another infopass again to inquire about my status.

Your medical is 1-year old at this point - even though you filed months and months ago, you have to answer to the RFEs (this is worrisome to me).

I'm sure you'll do what is necessary but be cautious to answer the RFEs and get through to the PR/Green Card before you decide to travel - things can come up and/or an interview eventually scheduled and if you're away (even though you have AP) you may not be able to travel and that would not be a very comfortable situation to be in.

You know what, you are so right. I dont think I need that stress so yeah, I changed my mind. I think its just better to just give birth here. I was thinking that if I am to spend $10,000 to give birth here, I might as well travel and give birth back home. In that way, I get to visit home nd my family will be there for me. But then again, I don't want to go through any more hassles with all these papers. Ive had enough hardship with this process already. Call me over acting, but Im still getting nightmares about my experience in my K1 process.

[Kathryn41 3,205]

Just a word of caution about the medical RFE . . . USCIS has been known to lose files. There is a good possibility that they have misplaced your medical and they don't have it with your file. There have been other VJers here who have received the RFE for the medical, argued that since they came in on a K-1 that they didn't need to provide a new one - and their application was denied due to the lack of the medical. They had to spend a lot of time and money trying to get the file re-opened - and ended up having to refile all over again and provide the requested medical.

If I were you, I wouldn't hold fast to the "I already did it within the last year'' position. I would work on the premise that maybe they have lost the file and go ahead and complete a whole new medical - not just the vaccination record - and submit that rather than run the risk of being denied and having either to refile or to fight to get the file re-opened - and then refiling.

Good luck.

Edited August 15, 2009 by Kathryn41

[Jen F 0]

I came here in the US using K1 visa, got married January 2009, applied for AOS last February 2009. Right now, my AOS application is still pending and Im 24 weeks pregnant.

After much thought, my husband and I have decided that I will give birth in my home country, the Philippines. I am anticipating that I won't get my AOS application approved anytime this year. I already have my EAD and AP and I plan to travel with my son (who also has AP) using the AP documents. My question is, how long are we allowed to be outside US? Im planning to travel on October, give birth on first week of December then come back last week of December. So that will be 75 days total. My husband will follow and be there for the birth of our child. We will apply for CRBA for the baby and come back here in the US all together. How does our plan sound? Are we missing anything here?

Again, thanks everyone for all the help all these times...

That's what i did..never had a problem at all. The only difference is i already have a green card when i travelled. You can stay as long as you don't stay out of US for more than a year. I was in Pinas for 5 months. Bring all ur husband's documents so it would be quicker for u to process the CRBA. Good luck.

Just not sure about when your interview for your AOS or if you will be interviewed. You should not miss it. I can give you the detailed requirements and steps of the CRBA process or you can ask Mikenyhen..

Hi there happywifeymom, im a wife of a US citizen and i gave birth here in Phil 8 months ago, our k3/k4 just got approved a month ago after 2 years (whew!) could u tell me if i should apply for my daughter's CRBA now or can i do it in US when we get there? If i should apply now what are the procedures and requirements needed ? pls help thanks

[redBlue 1]

I came here in the US using K1 visa, got married January 2009, applied for AOS last February 2009. Right now, my AOS application is still pending and Im 24 weeks pregnant.

After much thought, my husband and I have decided that I will give birth in my home country, the Philippines. I am anticipating that I won't get my AOS application approved anytime this year. I already have my EAD and AP and I plan to travel with my son (who also has AP) using the AP documents. My question is, how long are we allowed to be outside US? Im planning to travel on October, give birth on first week of December then come back last week of December. So that will be 75 days total. My husband will follow and be there for the birth of our child. We will apply for CRBA for the baby and come back here in the US all together. How does our plan sound? Are we missing anything here?

Again, thanks everyone for all the help all these times...

my apologies asking a question that is out of the topic,but I'm really curious..so u will be flying back to your home country when you are nine months preg. and come back when the baby is 3 weeks old? as fas as I know the air lines don't take nine months preg. woman...and travelling with a new born...i really wish you the best,,,,,..i read soe where that it's best not to travel with a new born befofre two months....

[Jamaican JNR 2]

I came here in the US using K1 visa, got married January 2009, applied for AOS last February 2009. Right now, my AOS application is still pending and Im 24 weeks pregnant.

After much thought, my husband and I have decided that I will give birth in my home country, the Philippines. I am anticipating that I won't get my AOS application approved anytime this year. I already have my EAD and AP and I plan to travel with my son (who also has AP) using the AP documents. My question is, how long are we allowed to be outside US? Im planning to travel on October, give birth on first week of December then come back last week of December. So that will be 75 days total. My husband will follow and be there for the birth of our child. We will apply for CRBA for the baby and come back here in the US all together. How does our plan sound? Are we missing anything here?

Again, thanks everyone for all the help all these times...

What are your reasons for considering leaving USA to give birth in your birth country? If your spouce is an american citizen then the child will be considered a USC also born overseas. For you though, you should arrange to get a re-entry permit before you leave, if you have to leave. Good luck.