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EM_Vandaveer Experienced

EM_Vandaveer   2,408

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Filed: Citizen (apr) Country: Hungary
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A

As you noticed yourself, it will only work if the baby is born afterwards. If the baby is born before the issuance of the visa, it will be a whole different story. No need to travel right way, but it has take place within the validility (of the mothers) visa. The BTL only will be issued 30 days before intended travel.

OP meant if his wife gets the visa BEFORE the baby is born, she'll travel immediately and give birth in the US.

Some airlines may not allow her to travel very close to the due date, though.

I spoke to an immigration lawyer and he charged me 250 dollars for it. He said to apply for a tourist visa for the baby

They never going to give the baby a tourist visa. Non-immigrant intent is required for that. You/baby has exactly the opposite.

IF this situation arises, your wife needs to ask the Consulate for a baby transportation letter.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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aleful
aleful

hi that doesn't apply to you because there aren't any derivatives for spouses of a USC, children are filed separately so if you don't qualify for CRBA, you will have to file an i130 for your baby. y

sparclight
sparclight

How about a simple phone call to an immigration attorney...they are known for doing magic....They know how to fly around existing loopholes. don't waste any more time on such a complex issues where bu

Mark88
Mark88

That is like the worst information EVER. Let's just assume the tourist visa would work, what happens next? After 3-6 months your baby will have to leave the country? Or will your child be an illegal i

EM_Vandaveer Experienced

EM_Vandaveer   2,408

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

Posted Today, 10:36 AM

I read it. It does not say the child will get a GC. It may be implied.

Ultimately, OP will have to take it up with the Consulate.

Also, all of this is an IF. IF the baby will be born AFTER the wife gets her CR-1 issued. If the baby is born before, there will be no other way but an I-130 for the baby.

If my wife gets the visa before the baby is born there is no need to go through all of this obviously.. I will get her to travel immediately.. The only reason I started this topic was to get clarity in case the baby is born after.

I don't know what stage of pregnancy is your wife in, but if the baby is born BEFORE she gets her visa, there will be no other way, but I-130 for the baby.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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EM_Vandaveer Experienced

EM_Vandaveer   2,408

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

You have 23 weeks before the baby is born. Your wife may not even get the visa before the baby is born. Hard to predict.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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