Clarification of wierd circumstance... USC minor, foreign mother, married USC father.

[SmallTownPA 72]

First, DON'T JUDGE. I'm not asking for your moral input.

As a USC if I get a foreign women pregnant, the baby (with proper paperwork) can get USC 'through me'. And the baby would be able to live with me in the US in very short order via the consulate?

But what about the birth mother? The USCIS site says that the child cannot apply for mother's GC until 18/21 (different web sites give different ages)?

Is there an exception for newborns?

Now here's the even more twisty part... what if I am MARRIED and the above happens?

Edited December 13, 2016 by SmallTownPA

[Boiler 45,467]

21

If you are married to the mother then you can petition her.

[SmallTownPA 72]

So newborns will lose access to their birth mother? It would seem highly doubtful that the alien mother would ever get a B2 visa to visit her child as the perceived likelihood for overstay is huge.

If I were to submit an I-130 and it be denied would a 'hardship' exemption be granted?

Also, if the USC father is still married (aka separation period for unilateral divorce) marriage to the mother is not possible until the first marriage is dissolved.

[aleful 1,905]

hi

he or she can derive your citizenship, but that doesn't mean he has to live with you, he will be a USC through you

if he or she decides to live in the US, he or she can file for his or her mom at 21

many children live in their countries of birth and have dual citizenship, you can list your name on the birth certificate and file the CRBA

which is Consular Report of Birth Abroad

the child doesn't have to live in the US, it can be with it's mother

Edited December 13, 2016 by aleful

[Boiler 45,467]

Why would a mother give up her newborn, makes no sense.

Depends why it was denied.

Being married to two people is called bigamy, not allowed in the US.

[Mounat 74]

21

If you are married to the mother then you can petition her.

OP wouldn't be posting here if that were the case!

[SmallTownPA 72]

Why would a mother give up her newborn, makes no sense.

Because the standard of living in birth country is low and has poor social services.

Depends why it was denied.

It would be denied because the child was not 21 when the I-130 was submitted.

Being married to two people is called bigamy, not allowed in the US.

You are confused. I CLEARLY stated: "Also, if the USC father is still married (aka separation period for unilateral divorce) marriage to the mother is not possible until the first marriage is dissolved"

I'm gonna ask that you please don't post any further... you don't seem to have a grasp on the subject.

[SmallTownPA 72]

OP wouldn't be posting here if that were the case!

Yeah... its a tough one. My state has a 1 year separation period for a no-fault divorce.. but whoops, my current GF is pregnant and she will be returning to her home in a month.

Plan A is for her to come back in a few weeks, then simply overstay. Then when my divorce is finalized and I can marry her and AOS. Queue all the 'that's not legal!' posts now. Speeding isn't legal either.. I do that 10 times a day.

Plan B is a complete nightmare... she might get denied at the immigration, then have to give birth in her home country. I was hoping that a USC newborn would give her an immediate family visa, but evidently that's not the case.

[Mounat 74]

I was hoping that a USC newborn would give her an immediate family visa, but evidently that's not the case.

It doesn't, for obvious reasons. You seem to know what's up. I'm not sure you can find anything useful on this site.

If I had a newborn in the US, I wouldn't let him or her leave the country! Just in case you're contemplating that. Even if gestation period is not complete.

You got some work to do.

Good luck.

Edited December 13, 2016 by Mounat

[TBoneTX 45,266]

Thread is locked for TOS violations. Do not restart this thread or refer to it elsewhere. The OP is free to consult an attorney for advice.

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