LPR got married outside USA and got pregnant

[WarisShahid 7]

Hello Everyone,

 

My sister who is a Legal permanent resident got Married in Feb 2017 in Pakistan(she went there for few days and came back to USA) and filed her husbands I130 in July 2017.

she went back to Pakistan in January 2018 and she got pregnant.

Can anyone advise what will happen if she will have her delivery in Pakistan or it is wise to have delivery here in USA. 

Moreover if she will do it in Pakistan, Can she add that child along with her husbands I130 case  ? what is the legal process for this.

 

Thank you in advance for your help 

[doggieandsam 765]

do not complicate it. if i were in you sister's shoes and if it's possible to travel, i would deliver my baby in the US. that way the baby will be born a USC already.

[WarisShahid 7]

Just now, doggieandsam said:

do not complicate it. if i were in you sister's shoes and if it's possible to travel, i would deliver my baby in the US. that way the baby will be born a USC already.

thank you for your response. 
and yes you are right i agree on that. it makes life easy and simple.

but at the same time i want to know the process of adding the child

[Jojo92122 1,924]

First link from Google searching "lpr give birth abroad."

 

https://jp.usembassy.gov/visas/immigrant-visas/green-card/lpr-child-abroad/

[WarisShahid 7]

Just now, Jojo92122 said:

First link from Google searching "lpr give birth abroad."

 

https://jp.usembassy.gov/visas/immigrant-visas/green-card/lpr-child-abroad/

i saw that link but its for Japan USA embassy. is the rule will still be valid ? 

[doggieandsam 765]

15 minutes ago, WarisShahid said:

but at the same time i want to know the process of adding the child

sorry don't know how to do this. hopefully other members with a similar experience will chime in.

 

i am sure that if she delivers in Pakistan she will not travel back to the US without the baby. so the other thing you probably need to consider in case is how long before baby can get the visa to travel back to the US? looks like the I-30 may be adjudicated soon. assuming you all can add the baby to the I-30 etc it will still take some time before the interview can be schedule at the embassy etc. what if there are delays with scheduling the interview and with the visa issuance? sometimes Pakistan beneficiaries are subjected to extra procedures (ie Form DS-5535) which can add weeks if not months to the process plus possibly a long AP. in which case, will your sister then stay indefinitely in Pakistan while waiting all these to be completed? Remember that as an LPR she cannot stay too long outside the US. if she does, then she'll need to file for a re-entry permit (which i believe has to be filed while inside the US but can be sent to a foreign embassy once ready / approved). did she file for a re-entry permit prior to leaving the US then?

 

just a few more points to consider.

Edited June 27, 2018 by doggieandsam

[Jojo92122 1,924]

Just now, WarisShahid said:

i saw that link but its for Japan USA embassy. is the rule will still be valid ? 

Yes.

 

Your sister has been outside the US for 6 months.  Isn't she afraid of abandoning her LPR status?

[WarisShahid 7]

1 minute ago, Jojo92122 said:

Yes.

 

Your sister has been outside the US for 6 months.  Isn't she afraid of abandoning her LPR status?

Thanks

she went in January 2018 and coming back in July 2018. 

[doggieandsam 765]

2 minutes ago, Jojo92122 said:

Yes.

 

Your sister has been outside the US for 6 months.  Isn't she afraid of abandoning her LPR status?

Yeah, this is what I wanted to point out.

[WarisShahid 7]

2 minutes ago, doggieandsam said:

sorry don't know how to do this. hopefully other members with a similar experience will chime in.

 

the other thing you probably need to consider in case your sister decides to deliver in Pakistan is how long before baby can get the visa to travel back to the US? looks like the I-30 may be adjudicated soon. assuming you all can add the baby to the I-30 etc it will still take some time before the interview can be schedule at the embassy etc. what if there are delays with scheduling the interview and with the visa issuance? sometimes Pakistan beneficiaries are subjected to extra procedures (ie Form DS-5535) which can add weeks if not months to the process plus possibly a long AP. in which case, will your sister then stay indefinitely in Pakistan while waiting all these to be completed? Remember that as an LPR she cannot stay too long outside the US. if she does, then she'll need to file for a re-entry permit (which i believe has to be filed while inside the US but can be sent to a foreign embassy once ready / approved). did she file for a re-entry permit prior to leaving the US then?

 

just a few more points to consider.

thanks once again for your detailed reply and adding other factors, the delay can mess up the situation

she went in January 2018 and coming back in July 2018. 

and she had not applied re-entry permit yet because her plan was to not to stay there for more than 6 months

[doggieandsam 765]

Just now, WarisShahid said:

thanks once again for your detailed reply and adding other factors, the delay can mess up the situation

she went in January 2018 and coming back in July 2018. 

and she had not applied re-entry permit yet because her plan was to not to stay there for more than 6 months

 

how far along is she? i reckon 6 months? if so, her travel window will be closing soon too! 

 

i understand how difficult of a position she must be in because for sure, she would want to be around her husband and family during the delivery. but at the same time, the timeline with the paperwork / visa is a little bit too tight to risk IMHO.

[arken 4,197]

Like others i also suggest she return back on time and deliver baby here. Having said that, my response to your concerns:

 

If your sister gives birth to her child in Pakistan, she can bring him/her to the US without a visa in her first return to the US as long as the return happens before child’s 2nd birthday. The child will be admitted as an immigrant at the port of entry.

 

But, the problem is the child can only be admitted as an immigrant if your sister is allowed entry to US as the green card holder. If she lives outside for more than a year without a reentry permit and she may be denied entry back to US. That means her GC is cancelled, her petition for her husband is cancelled and the child also can’t be admitted to US. 

 

But let’s say she is 6 months pregnant and her doctor has told her not to take such long air travels for medical reasons, then probably she can travel back along with the kid by December. But even in that scenario, travelling with a 2-3 months old baby may not be recommended for such long flights and satying outside over a year isn’t recommended since she doesn’t have the reentry permit.

 

it’s best if she returns back as planned.

 

 

[WarisShahid 7]

20 minutes ago, doggieandsam said:

 

how far along is she? i reckon 6 months? if so, her travel window will be closing soon too! 

 

i understand how difficult of a position she must be in because for sure, she would want to be around her husband and family during the delivery. but at the same time, the timeline with the paperwork / visa is a little bit too tight to risk IMHO.

yes i guess she traveled on 16th January 2018 so she is close enough. 

and yes its difficult but its the way it is

[Jojo92122 1,924]

33 minutes ago, WarisShahid said:

Thanks

she went in January 2018 and coming back in July 2018. 

So, her plan after coming back in July 2018 is to immediately leave the US so she can have her baby abroad?

 

Is having the baby abroad worth the risk of abandoning her LPR status?

 

Having her baby in the US makes her baby a US citizen at birth.

 

Having her baby abroad means the baby will be a green card holder.

IMHO, having the baby abroad is a poor choice.  

[WarisShahid 7]

5 minutes ago, Jojo92122 said:

So, her plan after coming back in July 2018 is to immediately leave the US so she can have her baby abroad?

 

Is having the baby abroad worth the risk of abandoning her LPR status?

 

Having her baby in the US makes her baby a US citizen at birth.

 

Having her baby abroad means the baby will be a green card holder.

IMHO, having the baby abroad is a poor choice.  

her plan is to come back in July 2018 and then go back to Pakistan again in December 2018 because of some weddings over there. 

her expected delivery date is January 2019 End or Feb. 

i agree with you that having the baby abroad is a poor choice.