Gay couple (US citizen and green card holder) still waiting on infant son's case to be complete

[CMKK 1]

This is a strange timeline.  Your son is how old?  Your wife received a green card last month?  So she has been in the US?  This implies that you filed for her months ago.  So you filed when for her when and your son was born when and where?

 

Yes we filed for my wife before our son was born. He was born while she was processing. We filed for him shortly after he was born. Shortly after that she was approved. But we are told since he was born before she was approved we couldn't attach him to her visa, and I couldn't transmit my citizenship to him as you've seen above... so we are now in a situation where I am a US citizen, she holds a green card, but our infant son isn't yet approved. Hopefully it will be soon. We just had our family in the US overnight our civil documents to the NVC today and we are awaiting a decision on our request to expedite due to medical reasons with my father. If it wasn't for the medical reasons we would just wait the remaining 2-3 months to finish the whole process but we are pressed for time now. So just reaching out to see if by chance there was any other option for us seeing as he's just a baby (our baby)... but it appears there must not be in the current law. Thank you for your post.

[Nitas_man 3,100]

1 minute ago, CMKK said:

This is a strange timeline.  Your son is how old?  Your wife received a green card last month?  So she has been in the US?  This implies that you filed for her months ago.  So you filed when for her when and your son was born when and where?

 

Yes we filed for my wife before our son was born. He was born while she was processing. We filed for him shortly after he was born. Shortly after that she was approved. But we are told since he was born before she was approved we couldn't attach him to her visa, and I couldn't transmit my citizenship to him as you've seen above... so we are now in a situation where I am a US citizen, she holds a green card, but our infant son isn't yet approved. Hopefully it will be soon. We just had our family in the US overnight our civil documents to the NVC today and we are awaiting a decision on our request to expedite due to medical reasons with my father. If it wasn't for the medical reasons we would just wait the remaining 2-3 months to finish the whole process but we are pressed for time now. So just reaching out to see if by chance there was any other option for us seeing as he's just a baby (our baby)... but it appears there must not be in the current law. Thank you for your post.

Wow Ok.  Clear.  Dam.  Previous responses I believe were correct and you guys unfortunately have to suffer through the process. 

 

I really hope they expedite this for you

[CMKK 1]

Thank you! Me too

[kimkooks 6]

Are you both on the birth certificate? I'm just curious as to why it is relevant or why and at what point do they even question who gave birth to your son, in that case. The birth certificate doesn't usually show who gave birth. It is absolutely discriminatory and I hope it gets processed asap. I am married to my wife and I gave birth to our kids (in the US so they are citizens) after we got married and got a GC and naturalized after having them. We completed a "step-parent adoption"(hate that term) recently to get full protection over here in the US even though we are both on the birth certificates as they can be challenged. We would not need to do that if heterosexual. It is discriminatory. You may want to consider something similar or get some legal advice if moving over here as birth certificates aren't enough protection unfortunately.

[CMKK 1]

Are you both on the birth certificate? I'm just curious as to why it is relevant or why and at what point do they even question who gave birth to your son, in that case. The birth certificate doesn't usually show who gave birth. It is absolutely discriminatory and I hope it gets processed asap. I am married to my wife and I gave birth to our kids (in the US so they are citizens) after we got married and got a GC and naturalized after having them. We completed a "step-parent adoption"(hate that term) recently to get full protection over here in the US even though we are both on the birth certificates as they can be challenged. We would not need to do that if heterosexual. It is discriminatory. You may want to consider something similar or get some legal advice if moving over here as birth certificates aren't enough protection unfortunately.

 

Thank you for your comment and understanding. It's really appreciated! The lovely ladies at the US Consulate here were just as surprised as us as they've not had this one before either. They took my fee, forms and everything to transmit my citizenship to our son, but then apologised when they had to let me know that even though I am his legal parent and fully recognised as his parent on his birth cert, that there is still one line of the US immigration law that hasn't quite caught up with the times. That line states you must be the biological parent to transmit citizenship. It was a hard pill to swallow for sure. Especially considering transmission of citizenship costs about $150 and is instant vs about $1000 and a year wasted. You are right that they made the assumption my wife carried him as her name is first listed on the form. And I couldn't lie either, I was honest and explained our IVF situation and that she carried him. They felt terrible for us but unfortunately there was nothing they could do. I was more surprised that when she got her green card that she couldn't then transmit that to him given that he's just a baby... I just received notice today that our request to expedite has been sent to our consulate. Fingers crossed it gets approved and we are able to work directly with our embassy from here to speed things up. Thanks again for your post and thank you as well for the advise on step-parent adoption. Will look into that. Thank you!