Visa for unborn child

[Outdoortroy 0]

I have gotten mixed answers for this question so I will ask here. I have married a filipina in Manila. She is carrying my baby and is due in March. I filed for her visa and received a NOA in August the 28th. I am concerned she will be to far along for her to fly here with the baby still in the oven (if the visa is approved) My first ? is, will they say no because she is pregnant? Second, if she has the baby there, do I have to now file a visa for him too or do I file a baby born abroad?

I could really use some help with these questions. I am worried about all sorts of things and it would ease my mind to know what I should do. Please dont respond if you haven't had this situation unless you really know the answer. thanks everyone and I wish you all a merry christmas and hope your visa issues are quickly taken care of.

[LIFE'SJOURNEY 970]

This question gets asked every other week in the Phil thread, why don't you do an advance search on this topic.

You will find many detailed posts with helpful information.

[Ryan H 3,812]

My first ? is, will they say no because she is pregnant?

No

Second, if she has the baby there, do I have to now file a visa for him too or do I file a baby born abroad?

You file a Consular Report of Birth Abroad (CRBA).

[Anh map 2,098]

No visa (unless you've recently obtained US citizenship). You will need to obtain a US passport for the child once born. http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html

[VanessaTony 3,567]

No visa (unless you've recently obtained US citizenship). You will need to obtain a US passport for the child once born. http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html

Just to clarify this point... what Anh means is you don't need a visa for the child unless you've ONLY recently obtained USC. There are requirements for passing on USC (time in the US and how long you've been a USC). So if you just naturalised the child may not be eligible for USC and therefore MAY require a visa.

If you were born a USC you have no issues. If you were naturalised you should look into the requirements for passing on USC via CRBA.

.

[Outdoortroy 0]

Just to clarify this point... what Anh means is you don't need a visa for the child unless you've ONLY recently obtained USC. There are requirements for passing on USC (time in the US and how long you've been a USC). So if you just naturalised the child may not be eligible for USC and therefore MAY require a visa.

If you were born a USC you have no issues. If you were naturalised you should look into the requirements for passing on USC via CRBA.

.

I am born a raised in the USA. I will definately look into the born abroad information you speak of. I was worried that if the visa was accepted and then my wife decides to wait until after the baby is born, I would have to file a visa for him and her visa would expire because it takes forever to process this stuff.

Edited December 27, 2011 by Outdoortroy

[pushbrk 12,859]

I am born a raised in the USA. I will definately look into the born abroad information you speak of. I was worried that if the visa was accepted and then my wife decides to wait until after the baby is born, I would have to file a visa for him and her visa would expire because it takes forever to process this stuff.

Delay your wife's visa interview until the baby has a US Passport. This will avoid the wife's visa expiring.

[Lorus 0]

I am born a raised in the USA. I will definately look into the born abroad information you speak of. I was worried that if the visa was accepted and then my wife decides to wait until after the baby is born, I would have to file a visa for him and her visa would expire because it takes forever to process this stuff.

My husband is a USC and I am a Canadian. Our daughter was born here in Canada after we sent in our I-130. We filed for the Child born abroad and dealt with the US consulate here in Vancouver. He had to prove his citizenship and that he had lived in the US for the previous 5 years (school documents for him). We went in for our appointment, provided all the documentation, and she received her citizenship documents, passport, and SSN in the mail shortly afterwards.

[barath20 1]

No visa (unless you've recently obtained US citizenship). You will need to obtain a US passport for the child once born. http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html

That link site only talk about the physically present in the United States for 5 years not 5 years being a U.S. citizen, just wanted to clarify which is correct.

Thanks

[pushbrk 12,859]

That link site only talk about the physically present in the United States for 5 years not 5 years being a U.S. citizen, just wanted to clarify which is correct.

Thanks

The information the Manila Embassy website is correct.

[barath20 1]

so it means that you have to spend 5 years(at least) as a U.S. citizen to qualify to transmit U.S. citizenship to a child? even though you living 10 years in

USA legally?

[Outdoortroy 0]

My husband is a USC and I am a Canadian. Our daughter was born here in Canada after we sent in our I-130. We filed for the Child born abroad and dealt with the US consulate here in Vancouver. He had to prove his citizenship and that he had lived in the US for the previous 5 years (school documents for him). We went in for our appointment, provided all the documentation, and she received her citizenship documents, passport, and SSN in the mail shortly afterwards.

Awesome to hear Lorus. I am glad to hear that not only for myself but for you. Wow this information makes me so happy to know.

[Outdoortroy 0]

so it means that you have to spend 5 years(at least) as a U.S. citizen to qualify to transmit U.S. citizenship to a child? even though you living 10 years in

USA legally?

Barath, in my interpretation of what was wrote,I think you must be a citizen for 5 years before you are allowed to trasmit. It seemed to me that you also had to reside in the USA for the previous 5 years and not live aboard. It would be a good idea to research that question unless someone else knows more about it though.

[Outdoortroy 0]

Something else I am wondering is, the things they require to show legitimacy and the passport request, do I have to deliver documentation myself or can my wife deliver these things to the consulate? If I traveled over there, I have no idea how long it would take to process all these things and get my hands on the passport and all the required things. I have a business here and cant get away so easy. Does anyone have some input on that topic? Surely they consider issues like that?

Thank you all for the swift responses. You ease alot of stress from people by sharing what you know. Thank you again.

[Inky 1,110]

Something else I am wondering is, the things they require to show legitimacy and the passport request, do I have to deliver documentation myself or can my wife deliver these things to the consulate? If I traveled over there, I have no idea how long it would take to process all these things and get my hands on the passport and all the required things. I have a business here and cant get away so easy. Does anyone have some input on that topic? Surely they consider issues like that?

Thank you all for the swift responses. You ease alot of stress from people by sharing what you know. Thank you again.

If you are not there in person its likely they will request DNA samples and that will add a lot of extra time + money to the process of CRBA for the baby.