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albertoavena

Immigration visa for new born?

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Getting my wife's paperwork ready for us to move to the U.S. in hopefully a year or less (I'm American), depending on how the paperwork goes but there may be a possibility that she's pregnant.

Is it difficult or even needed to prepare the visa for a new born if born in the country we're in now? Would it be more advisable to have the baby in the U.S.?


If anyone has any experience with this, please share. Our baby's health is our number one priority and I know that traveling while pregnant may have some risks involved, especially because my wife may have to get some shots before moving.


Feel free to advise.

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Personally, I'd say postpone the baby until wife is already in the US.

However, if she gets pregnant and has the baby in her country (not in the US), you can file for Consular Report of Birth Abroad (CRBA) so the child can get US citizenship and a US passport. Of course provided that you as the US citizen parent meets the residency requirements to transmit citizenship.

Good luck!

Edited by apple21

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Have you lived in the US as a citizen more than 5 years, of which two were after the age of fourteen? If so, your baby is probably a US citizen at birth.


Met in 2010 on a forum for a mutual interest. Became friends.
2011: Realized we needed to evaluate our status as friends when we realized we were talking about raising children together.

2011/2012: Decided we were a couple sometime in, but no possibility of being together due to being same sex couple.

June 26, 2013: DOMA overturned. American married couples ALL have the same federal rights at last! We can be a family!

June-September, 2013: Discussion about being together begins.

November 13, 2013: Meet in person to see if this could work. It's perfect. We plan to elope to Boston, MA.

March 13, 2014 Married!

May 9, 2014: Petition mailed to USCIS

May 12, 2014: NOA1.
October 27, 2014: NOA2. (5 months, 2 weeks, 1 day after NOA1)
October 31, 2014: USCIS ships file to NVC (five days after NOA2) Happy Halloween for us!

November 18, 2014: NVC receives our case (22 days after NOA2)

December 17, 2014: NVC generates case number (50 days after NOA2)

December 19, 2014: Receive AOS bill, DS-261. Submit DS-261 (52 days after NOA2)

December 20, 2014: Pay AOS Fee

January 7, 2015: Receive, pay IV Fee

January 10, 2015: Complete DS-260

January 11, 2015: Send AOS package and Civil Documents
March 23, 2015: Case Complete at NVC. (70 days from when they received docs to CC)

May 6, 2015: Interview at Montréal APPROVED!

May 11, 2015: Visa in hand! One year less one day from NOA1.

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Thank you to both of you for the quick responses.

To Not a Tailor, I was actually born and raised in the U.S. but am now living in Japan and have been here for the past 6 years.

I got married here and we are now planning on moving back.

I was getting the I-130 ready for my wife but was wondering on what will happen to the baby and we are looking for the best option.

Thank you and any suggestions are welcome! And apple21, thank you, I will look into that.

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Thank you to both of you for the quick responses.

To Not a Tailor, I was actually born and raised in the U.S. but am now living in Japan and have been here for the past 6 years.

I got married here and we are now planning on moving back.

I was getting the I-130 ready for my wife but was wondering on what will happen to the baby and we are looking for the best option.

Thank you and any suggestions are welcome! And apple21, thank you, I will look into that.

As long as you lived in the US for at least two years past age 14, your child should qualify for CRBA, the thing Apple is talking about. Good luck!


Met in 2010 on a forum for a mutual interest. Became friends.
2011: Realized we needed to evaluate our status as friends when we realized we were talking about raising children together.

2011/2012: Decided we were a couple sometime in, but no possibility of being together due to being same sex couple.

June 26, 2013: DOMA overturned. American married couples ALL have the same federal rights at last! We can be a family!

June-September, 2013: Discussion about being together begins.

November 13, 2013: Meet in person to see if this could work. It's perfect. We plan to elope to Boston, MA.

March 13, 2014 Married!

May 9, 2014: Petition mailed to USCIS

May 12, 2014: NOA1.
October 27, 2014: NOA2. (5 months, 2 weeks, 1 day after NOA1)
October 31, 2014: USCIS ships file to NVC (five days after NOA2) Happy Halloween for us!

November 18, 2014: NVC receives our case (22 days after NOA2)

December 17, 2014: NVC generates case number (50 days after NOA2)

December 19, 2014: Receive AOS bill, DS-261. Submit DS-261 (52 days after NOA2)

December 20, 2014: Pay AOS Fee

January 7, 2015: Receive, pay IV Fee

January 10, 2015: Complete DS-260

January 11, 2015: Send AOS package and Civil Documents
March 23, 2015: Case Complete at NVC. (70 days from when they received docs to CC)

May 6, 2015: Interview at Montréal APPROVED!

May 11, 2015: Visa in hand! One year less one day from NOA1.

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I assume healthcare is better in Japan than USA.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ah yes, this was another reason why we were a little hesitant on having the birth in the U.S..

Japan seems to have great healthcare according to many people and may go smoother than having it in the U.S..

We will think about this carefully.

Thank you and any other advice is welcome.

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Personally, I'd say postpone the baby until wife is already in the US.

I don't think unborn babies generally pay any attention to their parents wishes as to when they get born!


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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