Pregnancy issues

[JFA 0]

Hello everyone! I need your help! My husband is a permanent resident. I just received my welcome letter and planning to upload my documents nextweek. Right now I’m 4 months pregnant and worried that I will be scheduled for interview when I’m around 8-9 months pregnant. If I give birth here in Philippines, can I bring my baby with me automatically to the US or do we need to apply another I-130 for the baby? Please enlighten me. Thank you 

[Xyrstine 224]

No, it's not automatic. You have to register the baby's birth at the nearest US embassy and it entitles the baby to travel to the US as a citizen;

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

The above site is all you need to know. Good luck!

[JFA 0]

But my husband is a permanent resident not a citizen

[Xyrstine 224]

Oh, sorry. I think he has to file another i-130 on behalf of the child? 

 

https://www.nolo.com/legal-encyclopedia/how-your-naturalizing-will-helps-your-foreign-born-children-immigrate.html

 

"If you are a U.S. permanent resident and your foreign-born minor children do not already have green cards, you can expect to wait in line for their green cards to become available. (If you are applying for U.S. permanent residence from abroad or adjusting status, your spouse and children under age 21 are “derivative beneficiaries,” who can submit their applications to accompany you at the same time.)

The minor children of permanent residents are not considered immediate relatives, but are in category “2A” of the visa preference system. Only a limited number of visas are available in category 2A, and many more people apply each year than there are visas available."

 

[user555 196]

USCIS approved your I-130 application? You're at the NVC stage now? Please fill out your timeline. If your child is born after the I130 approval but before your visa is issued, you can add your baby to your case at the embassy by showing the I130 approval and the birth certificate. 

https://www.justia.com/immigration/marriage-family-based-petitions/adding-children-after-i-130-approval/

 

[JFA 0]

@user555 yes I’m at nvc stage right now. I think by the time my visa will be available I’m 8-9 months pregnant. How about that? Can I still bring my child with me without applying another I-130?

[user555 196]

If you're still pregnant, you can arrive in the States with your visa. 

[Naes 12,205]

I don’t think any airlines would be ok with taking a 8-9 month pregnant person for that long of a flight especially. (Not sure about exact rules)

 

my suggestion would be to wait till baby is born to continue. this way wouldn’t it be after I-130 approval but before visa issuance?

[JFA 0]

@user555 @Naes  What if Visa issuance will happen before I give birth and after a month I’ll plan to fly to the US. Can I bring my child without any hassle?

[NikLR 13,227]

~~moved to bringing family members of LPR from IR1/CR1 process and procedures~~

[Just Paul 4,595]

good thread here:

 

[jskibo 588]

5 hours ago, Naes said:

I don’t think any airlines would be ok with taking a 8-9 month pregnant person for that long of a flight especially. (Not sure about exact rules)

 

my suggestion would be to wait till baby is born to continue. this way wouldn’t it be after I-130 approval but before visa issuance?

My wife was 7.5 months pregnant when we left Philippines. American airlines was fine with it. Had a harder time going from Manila to Hong Kong as Cebu Pacific refused her without doctor note within 48 hours. Had to buy same day one way tickets on Cathay Pacific to get to Hong Kong.   She did fine on the 15 hour Hong Kong to Dallas flight. 

[geowrian 22,337]

17 hours ago, JFA said:

But my husband is a permanent resident not a citizen

The existing I-130 should cover the child. The child will just need a derivative visa. This can occur after the primary beneficiary's visa is issued.

 

9 hours ago, jskibo said:

My wife was 7.5 months pregnant when we left Philippines. American airlines was fine with it. Had a harder time going from Manila to Hong Kong as Cebu Pacific refused her without doctor note within 48 hours. Had to buy same day one way tickets on Cathay Pacific to get to Hong Kong.   She did fine on the 15 hour Hong Kong to Dallas flight. 

The exact timing and airline(s) is critical. Different airlines have different policies regarding flying while pregnant. It sounds like your experience was right on the border where one airline was fine and another needed a doctor's note.

[JFA 0]

@geowrian what are the things I need to do to add my child as my derivative once my visa is issued? I hope this will be valid until I give birth after 2 or 3 months of visa issuance

[Redheadguy03 505]

11 hours ago, jskibo said:

My wife was 7.5 months pregnant when we left Philippines. American airlines was fine with it. Had a harder time going from Manila to Hong Kong as Cebu Pacific refused her without doctor note within 48 hours. Had to buy same day one way tickets on Cathay Pacific to get to Hong Kong.   She did fine on the 15 hour Hong Kong to Dallas flight. 

Dude, your wife is a champ. That had to have been a horrible flight. Those long flights are hard for me, I can't imagine doing it pregnant. (I'm not a girl, but still)