LPR having baby in Philippines

[karley 0]

Good day.

I don't know if Im posting in the right page but I badly need your assistance.

i was married 2005 and my husband migrated to US…2011 I got my petition approved however my husband and I are no longer in good terms and that he is already with someone (gf) in the US . and same here.

I went there dahil gusto pa din ng in-laws ko.wen I went there June 2011 I stayed until september then went back here in the Philippines. not knowing that I was pregnant with my (bf) right before I went to US. I gave birth here then followed my bf’s last name which makes my daughter illegitimate. My inlaws knows about it and they are willing to let me go back to the US. I have my green card which is a 10 years approved. my husband is not communicating to me about annullment but his parents are willing however his mother would want him to fix it since it will cost a lot for me.

now, can I bring my baby to the US when I go there since I was informed that I can stay out of the US not more thAN 1 year. I still have 1 month to fix things. Will the US immigration allow me to bring the baby with me after entering port of entry (hawaii)? Please help. Thank you very much.

God Bless

[LIFE'SJOURNEY 970]

Baby will either need a US passport if father is USC, if not then the baby will need a visa.

USC father must do CBA for baby if he wants the baby to claim USC. If all parties are LPR, then the baby will need a visa. If only one is LPR and the other is a citizen of another country, than the LPR will have to file for a visa for the baby, which is a 3 year wait.

Do not lie about baby status, embassy will require a DNA if they have doubt.

[Thomas&Cleofe 358]

It looks that both biological parents are LPR's of the United States. So, you will be required to submit a petition for your child to apply for a visa to the USA. Good luck to you.

[Athena June 37]

My understanding is that the baby does not need a visa - this is what I found on http://www.state.gov/documents/organization/87519.pdf:

"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."

If I were you, I would contact the embassy to see what you need to bring your child to the US; a passport for the child for sure, but I don't know if you need a document from the embassy too.

[Xanax 349]

So the baby is your boyfriend's child and yours?

You are a LPR and your boyfriend is a USC or LPR or a citizen of somewhere else?

Edited July 29, 2012 by Xanax

[Anh map 2,098]

Good day.

I don't know if Im posting in the right page but I badly need your assistance.

i was married 2005 and my husband migrated to US…2011 I got my petition approved however my husband and I are no longer in good terms and that he is already with someone (gf) in the US . and same here.

I went there dahil gusto pa din ng in-laws ko.wen I went there June 2011 I stayed until september then went back here in the Philippines. not knowing that I was pregnant with my (bf) right before I went to US. I gave birth here then followed my bf's last name which makes my daughter illegitimate. My inlaws knows about it and they are willing to let me go back to the US. I have my green card which is a 10 years approved. my husband is not communicating to me about annullment but his parents are willing however his mother would want him to fix it since it will cost a lot for me.

now, can I bring my baby to the US when I go there since I was informed that I can stay out of the US not more thAN 1 year. I still have 1 month to fix things. Will the US immigration allow me to bring the baby with me after entering port of entry (hawaii)? Please help. Thank you very much.

God Bless

What is the child's father's status? US citizen? Green Card holder?

[let-it-be 36]

Her boyfriend in the Philippines is the father of her baby. It is not her husband's baby.

Edited July 30, 2012 by let-it-be

[markydavid 0]

You can bring your child in the us w/o visa. Research more on that one posted above.

But it would have been easier if your child used your married name too. If thats not an issue w the father of your child.

[Sandra G. 5,074]

Go to the US Consulate and ask to file the 'waiver of documentation requirements for immigrant" .In 10 days your child will have all papers ready to enter in the USA as stated 8 CFR 211.1.(B).A child born after the issuance of a visa to a LPR parent is not required to have a visa if the child born during mother's temporary visit (see FAM 42.1.N2)