Jump to content
Sign in to follow this  
Mus24

Child born abroad to mother after immigrant visa stamped

10 posts in this topic

Recommended Posts

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.

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.com/news/n_cbpgui.html

Share this post


Link to post
Share on other sites

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.com/news/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

Share this post


Link to post
Share on other sites

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.....

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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 :)

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites
Back to Top ↑

Didn't find the answer you were looking for? Try asking our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

Sign in to follow this  


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×