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Child born abroad to mother after immigrant visa stamped

#1 Mus24

Mus24

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Posted 27 May 2010 - 03:07 PM

I have been trying to look up an authentic answer to my query but keep getting different ones.

I am an LPR and my wife is abroad waiting to get her visa.Her priority date will be current next month and her paperwork from NVC has already arrived.I have paid up IV fee bill etc etc.

It looks like the baby will be born abroad a month or two after she gets the immigrant visa.
If that happens,does the baby need a petition,or visa or both?
There is some confusion,I read somewhere the baby don't need a visa and he gets it at POE.
Has anyone been through this situation?
Thanks.
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#2 milimelo

milimelo

    Star Member



Posted 27 May 2010 - 03:29 PM

I have been trying to look up an authentic answer to my query but keep getting different ones.

I am an LPR and my wife is abroad waiting to get her visa.Her priority date will be current next month and her paperwork from NVC has already arrived.I have paid up IV fee bill etc etc.

It looks like the baby will be born abroad a month or two after she gets the immigrant visa.
If that happens,does the baby need a petition,or visa or both?
There is some confusion,I read somewhere the baby don't need a visa and he gets it at POE.
Has anyone been through this situation?
Thanks.



I've seen cases where LPR petitioned spouse gave birth and the LPR spouse in the meantime obtained citizenship and had to submit I-130 petition for the child (as the child isn't a US citizen). Not sure about your case though. Did you contact the embassy about this?
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#3 payxibka

payxibka

    Supreme Member



Posted 27 May 2010 - 03:34 PM

I have been trying to look up an authentic answer to my query but keep getting different ones.

I am an LPR and my wife is abroad waiting to get her visa.Her priority date will be current next month and her paperwork from NVC has already arrived.I have paid up IV fee bill etc etc.

It looks like the baby will be born abroad a month or two after she gets the immigrant visa.
If that happens,does the baby need a petition,or visa or both?
There is some confusion,I read somewhere the baby don't need a visa and he gets it at POE.
Has anyone been through this situation?
Thanks.


AFAIK, baby should get derivative benefit from the parental I-130. Baby needs a visa. Visas are not issued at the POE's
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YMMV

#4 Mus24

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Posted 27 May 2010 - 04:12 PM

AFAIK, baby should get derivative benefit from the parental I-130. Baby needs a visa. Visas are not issued at the POE's


But consider this:
A child is permitted into the U.S. without an immigrant visa as a new immigrant in certain, limited situations. This visa exemption arises if the child is born to an accompanying parent after issuance of an immigrant visa to the parent but before the parent's initial admission to the U.S. (Essentially, the child is born abroad after the parent/s obtain their immigrant visas in their passports, but before they come into the U.S. as immigrants.)

http://www.murthy.co...s/n_cbpgui.html
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#5 payxibka

payxibka

    Supreme Member



Posted 27 May 2010 - 04:26 PM

But consider this:
A child is permitted into the U.S. without an immigrant visa as a new immigrant in certain, limited situations. This visa exemption arises if the child is born to an accompanying parent after issuance of an immigrant visa to the parent but before the parent's initial admission to the U.S. (Essentially, the child is born abroad after the parent/s obtain their immigrant visas in their passports, but before they come into the U.S. as immigrants.)

http://www.murthy.co...s/n_cbpgui.html


OK,in the end same result as the child will be allowed to travel. Make sure to address this with the consulate at the time of interview. The child will still need a passport and no visa will be issued at the POE
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YMMV

#6 -mitch-

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Posted 27 May 2010 - 04:31 PM

i gave birth abroad and im not a US citizen... im a LPR.
1.) no need to file for a separate petition.
2.) you need to go to the US embassy in your country and they will give you a check list
of requirements. after you submit all of the paperworks, it will take 10 working days for them to
process it, you will be given 2 envelopes. (1 for the airline, 1 for your poe)
3.) YOU WILL BE OKAY AND YOUR NEWBORN WILL BE COMING OVER SAME TIME WITH YOUR WIFE...

i hope that helped you a lil bit.
pm me if you have any questions.....
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------USCIS-- married since March 28, 2005 - I130 filed: july 27, 2007
NOA #1: Aug 6, 2007 NOA #2: Oct. 29, 2009 - APPROVED
--NVC--December 12, 2009 - Case# generated from NVC
December 17, 2009 - hubby received his letter from NVC[/font]
April 13, 2010 - received DS-3032 via email
April 19, 2010 - sent back DS-3032 to NVC thru DHL (did not email a copy)
April 23, 2010 - DS3032 was received per operator and reviewed, received IV and AOS bill thru mail.
April 29, 2010 - paid AOS ($70) fee bill
April 30, 2010 - paid IV fee bill ($400.00 each beneficiary)
May 01, 2010 - AOS shows "PAID" in the system, printed cover sheet.
May 05, 2010 - iv bill shows "PAID"
June 24, 2010 - sent AOS via USPS/certified and prioritized
July 14, 2010 - received RFE. nvc is requesting again for Tax Transcript 2009
Sept 14, 2010 - Mailed RFE documents via usps
Sept 22, 2010 - mailed complete DS-230 via DHL
Oct 14, 2010 - received RFE about beneficiary's police clearances
Nov. 30, 2010 - sent corrected DS-230 with correct years of residency via USPS
Dec. 21, 2010 - CASE COMPLETED!!!
April 28, 2011 - interview date was set to JUNE 28, 2011 @6:30AM
June 15, 2011 - MEDICAL EXAM and will be back fri (6/17/11) for results
June 28, 2011 - Interview
July 12, 2011 - arrived at LAX - and we'll live happily ever after!

#7 Mus24

Mus24

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Posted 27 May 2010 - 09:03 PM

i gave birth abroad and im not a US citizen... im a LPR.
1.) no need to file for a separate petition.
2.) you need to go to the US embassy in your country and they will give you a check list
of requirements. after you submit all of the paperworks, it will take 10 working days for them to
process it, you will be given 2 envelopes. (1 for the airline, 1 for your poe)
3.) YOU WILL BE OKAY AND YOUR NEWBORN WILL BE COMING OVER SAME TIME WITH YOUR WIFE...

i hope that helped you a lil bit.
pm me if you have any questions.....


Mitch,as always your reply has solved most of the confusion.Thank you.
Did you give birth BEFORE you got the visa or after.Does it matter,when?
  • 0

#8 Mus24

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Posted 25 June 2010 - 10:08 AM

i gave birth abroad and im not a US citizen... im a LPR.
1.) no need to file for a separate petition.
2.) you need to go to the US embassy in your country and they will give you a check list
of requirements. after you submit all of the paperworks, it will take 10 working days for them to
process it, you will be given 2 envelopes. (1 for the airline, 1 for your poe)
3.) YOU WILL BE OKAY AND YOUR NEWBORN WILL BE COMING OVER SAME TIME WITH YOUR WIFE...

i hope that helped you a lil bit.
pm me if you have any questions.....

Does it matter if the baby is born BEFORE the mother gets the immigrant visa,or is it the same in both situations,that is,before or after the mother gets the visa.Technically speaking,it should not matter since the main requirement is that the mother is travelling to US with the immigrant visa and a baby in her lap for the first time :)
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#9 -mitch-

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Posted 25 June 2010 - 01:04 PM

Does it matter if the baby is born BEFORE the mother gets the immigrant visa,or is it the same in both situations,that is,before or after the mother gets the visa.Technically speaking,it should not matter since the main requirement is that the mother is travelling to US with the immigrant visa and a baby in her lap for the first time :)



i dont think it matters. but to be sure, just consult it from the US embassy where your wife will have her interview..... the only big worry here if you have to file separate petition for your baby since the mom is leaving and already has the visa ---- WHICH YOU WILL BE FINE... just tell your wife to keep all the pregnancy records.... i mean all..prenatal records, cert from the OBGYNECOLOGIST, ultrasound... etc.. and that will be a must to have that waiver for the newborn.

i would ask the consul right after he/she will approve my visa..... normally, they will tell you what to do.
  • 0
------USCIS-- married since March 28, 2005 - I130 filed: july 27, 2007
NOA #1: Aug 6, 2007 NOA #2: Oct. 29, 2009 - APPROVED
--NVC--December 12, 2009 - Case# generated from NVC
December 17, 2009 - hubby received his letter from NVC[/font]
April 13, 2010 - received DS-3032 via email
April 19, 2010 - sent back DS-3032 to NVC thru DHL (did not email a copy)
April 23, 2010 - DS3032 was received per operator and reviewed, received IV and AOS bill thru mail.
April 29, 2010 - paid AOS ($70) fee bill
April 30, 2010 - paid IV fee bill ($400.00 each beneficiary)
May 01, 2010 - AOS shows "PAID" in the system, printed cover sheet.
May 05, 2010 - iv bill shows "PAID"
June 24, 2010 - sent AOS via USPS/certified and prioritized
July 14, 2010 - received RFE. nvc is requesting again for Tax Transcript 2009
Sept 14, 2010 - Mailed RFE documents via usps
Sept 22, 2010 - mailed complete DS-230 via DHL
Oct 14, 2010 - received RFE about beneficiary's police clearances
Nov. 30, 2010 - sent corrected DS-230 with correct years of residency via USPS
Dec. 21, 2010 - CASE COMPLETED!!!
April 28, 2011 - interview date was set to JUNE 28, 2011 @6:30AM
June 15, 2011 - MEDICAL EXAM and will be back fri (6/17/11) for results
June 28, 2011 - Interview
July 12, 2011 - arrived at LAX - and we'll live happily ever after!

#10 Mus24

Mus24

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  • City:Chicago,IL
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Posted 05 August 2010 - 05:05 PM

i dont think it matters. but to be sure, just consult it from the US embassy where your wife will have her interview..... the only big worry here if you have to file separate petition for your baby since the mom is leaving and already has the visa ---- WHICH YOU WILL BE FINE... just tell your wife to keep all the pregnancy records.... i mean all..prenatal records, cert from the OBGYNECOLOGIST, ultrasound... etc.. and that will be a must to have that waiver for the newborn.

i would ask the consul right after he/she will approve my visa..... normally, they will tell you what to do.


Mitch,
There is an obscure law where a baby can draw citizenship if the grandparents were or are US citizens.In my case they are,I mean my parents(baby's grandparents)are US citizens,are alive and live here in the US.
Can our child benefit from this?
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