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Getting a surrogate child to USA on B1 visa

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ggadhiya Newbie

ggadhiya   0

Posted
Filed: H-1B Visa Timeline
Posted

I am presently on H1b visa. I got my I-140 approved and applied for H1b visa extension beyond six years. Planning to visit India.I have no children and wishes to have a child through surrogation. After the birth of the child through surrogate mother can i get the child to USA on B1/B2 visa. Can I qualify for my child for B1/B2 visa. Can anyone in the same situation can help.

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canadian_wife Grand Master

canadian_wife   1,822

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Assuming the B is granted, what is the plan for the child? A B visa does not permit the child to live in the US with you.

Good luck

PS - will the child be biologically yours? If yes, the child may qualify for derivative status. Otherwise I'm not sure how it works for surrogates...adoptions?

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TBoneTX Grand Master

TBoneTX   45,286

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Welcome to the forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

I am not sure what the law is in India; in the USA surrogacy law depends on the state. In some state, if the child is biologically yours (or half yours), you can be listed as the parent on the birth cert, and so the child would be entitled to a derivate visa (thus being able to live with you long term, rather than just the 6 months of a tourist visa). If the child is not biologically yours at all, and/or in your country you'd need to go through an adoption process, you'd live with it for 2 years for a visa.

A B2 is very unlikely to be granted in that case as they'd wonder why you'd only want the child with you short term, and worry about it staying illegally.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Welcome to the forum.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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  • 9 months later...
rinkudotkumar Newbie

rinkudotkumar   0

Posted
Filed: H-1B Visa Country: India
 Timeline
Posted (edited)

I am presently on H1b visa. I got my I-140 approved and applied for H1b visa extension beyond six years. Planning to visit India.I have no children and wishes to have a child through surrogation. After the birth of the child through surrogate mother can i get the child to USA on B1/B2 visa. Can I qualify for my child for B1/B2 visa. Can anyone in the same situation can help.

Can you tell , what you did finally and were you able to bring the child to USA , if yes then how , what was the process. I am also in similar boat , and need to bring my surrogate child to usa . please advise

(Post edited to remove member's e-mail)

Edited by Happy Chic
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  • 11 months later...
TBoneTX Grand Master

TBoneTX   45,286

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

The OP never logged on again after his first & only post.  Old thread is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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