Filing i-131 Reentry Permit for wife.. questions about i-751

[Scottie Pippen 0]

Here is our story. My wife came here on a CR-1 Visa. We found out she got pregnant (7 weeks), and since I'm still studying preparing for Medical board exams/unemployed with no health insurance, she wants to have our baby back in Korea, where she has full coverage health insurance.

Her Green card expires Sept 2015. If we apply for a reentry permit, can we come back 90 days before the green card expires to apply for the i-751?

[ManCharsey 254]

I understand the full coverage of the health insurance part but don't you think it will be a lot more easier for the baby regarding immigration etc if you had the baby here. The baby will attain automatic citizenship which even though you can still get for him/her when she gives birth outside, it will involve paperwork etc.

Under extenuating conditions where you are unable to return to the US and stay outside the country for a longer period of time than is required for a green card holder, yes you may be granted entry by CBP if you obtain the re-entry permit. They might question you a bit but I'm sure that shouldn't be a problem since you present a clear case. But you should also note that the decision for the CBP to grant or refuse entry is discretionary and your having a re-entry permit doesn't necessarily give you an automatic entry.

[aaron2020 11,651]

I understand the full coverage of the health insurance part but don't you think it will be a lot more easier for the baby regarding immigration etc if you had the baby here. The baby will attain automatic citizenship which even though you can still get for him/her when she gives birth outside, it will involve paperwork etc.

Under extenuating conditions where you are unable to return to the US and stay outside the country for a longer period of time than is required for a green card holder, yes you may be granted entry by CBP if you obtain the re-entry permit. They might question you a bit but I'm sure that shouldn't be a problem since you present a clear case. But you should also note that the decision for the CBP to grant or refuse entry is discretionary and your having a re-entry permit doesn't necessarily give you an automatic entry.

It easy to file the CRBA and get a US passport for the child.

It's not a lot of paperwork.

IMHO, the OP wouldn't mind a few hours of simple paperwork to avoid a huge medical bill in the US.

[aaron2020 11,651]

Here is our story. My wife came here on a CR-1 Visa. We found out she got pregnant (7 weeks), and since I'm still studying preparing for Medical board exams/unemployed with no health insurance, she wants to have our baby back in Korea, where she has full coverage health insurance.

Her Green card expires Sept 2015. If we apply for a reentry permit, can we come back 90 days before the green card expires to apply for the i-751?

Perfectly fine. That's what the Reentry Permit is for.