Daughter born outside US (father is a GC holder)

[Zolasmom 0]

Hello everyone! Just want to ask for your thoughts on this matter:

My husband is a GC holder and I have a tourist visa and am still based in the Philippines (hubby didn't file my petition yet as we just plan to wait for his citizenship). I gave birth to our daughter in Phils last June 2011. We plan to visit my husband next year when she turns 1 year old so I am thinking of applying for a tourist visa for the baby too.

Because I feel that if I have a tourist visa and my baby is a GC holder (assuming she will get one since she is a daughter of a GC holder), this might create more problems/confusion if we enter the US again.

So I thought that the best way is for both of us to have tourist visa (the baby is staying with me in Phils)

What do you think would be best for our daughter? You are most welcome to give your suggestions/insights on this matter.

Thanks for your inputs!

[skiptex 225]

i put a search in the box above.. "green card born outside US

http://www.visajourney.com/search/index.php?cx=007424365766759747816%3Auy9flr-th5y&cof=FORID%3A10&q=green+card+born+outside+US+#1188

this one is "born outside US"

http://www.visajourney.com/search/index.php?cx=007424365766759747816%3Auy9flr-th5y&cof=FORID%3A10&q=+born+outside+US+#1052

looks to be several threads on your topic.. it should give you lots of information you can thru.. since you are the first nor will be the last in this same situation, good luck

[Anh map 2,098]

Your child is not automatically a green card holder. The child is a a Philippine citizen, nothing more.

Yes, the child would need a visa to enter the US to visit or to live permanently.

Entering the US with your child may be problematic. Remember that every person entering the US is assumed to have immigrant intent. Combine that with the large demand for visas for the PI and the child could very well be denied the visa or you and the child could be denied entry by the CBP officer. Be sure to show strong, strong ties to the Philippines when you go for the child's visa. And at the POE if you are able to secure the visa.

Best of luck.

[RICARDO4EVA2 194]

Your child is not automatically a green card holder. The child is a a Philippine citizen, nothing more.

Yes, the child would need a visa to enter the US to visit or to live permanently.

Entering the US with your child may be problematic. Remember that every person entering the US is assumed to have immigrant intent. Combine that with the large demand for visas for the PI and the child could very well be denied the visa or you and the child could be denied entry by the CBP officer. Be sure to show strong, strong ties to the Philippines when you go for the child's visa. And at the POE if you are able to secure the visa.

Best of luck.

[Noah Lot 387]

Hello everyone! Just want to ask for your thoughts on this matter:

My husband is a GC holder and I have a tourist visa and am still based in the Philippines (hubby didn't file my petition yet as we just plan to wait for his citizenship). I gave birth to our daughter in Phils last June 2011. We plan to visit my husband next year when she turns 1 year old so I am thinking of applying for a tourist visa for the baby too.

Because I feel that if I have a tourist visa and my baby is a GC holder (assuming she will get one since she is a daughter of a GC holder), this might create more problems/confusion if we enter the US again.

So I thought that the best way is for both of us to have tourist visa (the baby is staying with me in Phils)

What do you think would be best for our daughter? You are most welcome to give your suggestions/insights on this matter.

Thanks for your inputs!

Your child has not gained residency yet because your husband has not even filed for yours! And yours would not be 'current' for about 4-5 years after he did so, and thus, neither would your child's. A tourist visa is far from certain because the embassy would have to believe that you would return along with your child instead of 'forgetting' to bring said child home with you, in the hope that the child could remain in the US pending approval of any residence status.

[RICARDO4EVA2 194]

Your child has not gained residency yet because your husband has not even filed for yours! And yours would not be 'current' for about 4-5 years after he did so, and thus, neither would your child's. A tourist visa is far from certain because the embassy would have to believe that you would return along with your child instead of 'forgetting' to bring said child home with you, in the hope that the child could remain in the US pending approval of any residence status.

The Current processing times are 2-3 years. .. not 4-5 years.

see - http://www.travel.state.gov/visa/bulletin/bulletin_5572.html

[Harsh_77 716]

Kid born to LPR retain the citizenship of their original country.

So in your case your kid is Phil citizen and does not automatically get a GC. Father will have to petition for kid as well when he would petition for you.

Visiting your husband would e extremely difficult….. no petition in place, husband being LPR and wife and kid entering on tourist visa…from a country with high immigration rate sounds very very difficult.

You can always try though.

[Jojo92122 1,924]

Hello everyone! Just want to ask for your thoughts on this matter:

My husband is a GC holder and I have a tourist visa and am still based in the Philippines (hubby didn't file my petition yet as we just plan to wait for his citizenship). I gave birth to our daughter in Phils last June 2011. We plan to visit my husband next year when she turns 1 year old so I am thinking of applying for a tourist visa for the baby too.

Because I feel that if I have a tourist visa and my baby is a GC holder (assuming she will get one since she is a daughter of a GC holder), this might create more problems/confusion if we enter the US again.

So I thought that the best way is for both of us to have tourist visa (the baby is staying with me in Phils)

What do you think would be best for our daughter? You are most welcome to give your suggestions/insights on this matter.

Thanks for your inputs!

Your daughter is not a GC holder. To become a GC holder, her father needs to petition for her. She doesn't get to be a GC carder when entering the US on a tourist visa when her father is an LPR. Her father needs to file an I-130 to start the process. It takes about 3 years for an LPR to petition for an unmarried child under 21.

There is no reason for your husband to wait for his citizenship to petition for you and his daughter. He can file as an LPR and upgrade the petitions when he becomes a US citizen. This would be the fastest way for both of you to immigrate to the US.

[Noah Lot 387]

Your daughter is not a GC holder. To become a GC holder, her father needs to petition for her. She doesn't get to be a GC carder when entering the US on a tourist visa when her father is an LPR. Her father needs to file an I-130 to start the process. It takes about 3 years for an LPR to petition for an unmarried child under 21.

There is no reason for your husband to wait for his citizenship to petition for you and his daughter. He can file as an LPR and upgrade the petitions when he becomes a US citizen. This would be the fastest way for both of you to immigrate to the US.

Now, what could happen, I believe, is if the father went to the Philippines AND brought his child back with him, then the child would gain residency (has to be on the GC holding parent's FIRST trip back to the US subsequent to the birth of the child) but would not apply if mom took the child. If, for example, mom was a GC holder and had the child in the PI, she could take the child back to the US and get the child's GC, as long as this return trip was the FIRST time mom went back after having the baby. But since mom is not a GC holder, having her return with said child would not bestow GC status upon the baby, but would (should) if dad came back with the child (assuming it was his first trip back to the US after the child was born)

[Jojo92122 1,924]

Now, what could happen, I believe, is if the father went to the Philippines AND brought his child back with him, then the child would gain residency (has to be on the GC holding parent's FIRST trip back to the US subsequent to the birth of the child) but would not apply if mom took the child. If, for example, mom was a GC holder and had the child in the PI, she could take the child back to the US and get the child's GC, as long as this return trip was the FIRST time mom went back after having the baby. But since mom is not a GC holder, having her return with said child would not bestow GC status upon the baby, but would (should) if dad came back with the child (assuming it was his first trip back to the US after the child was born)

No. You got that wrong. The rule only apply to an LPR mother. It does not apply to an LPR father.

http://mumbai.usconsulate.gov/legal_permanent_residents.html

I am a legal permanent resident of the U.S. While I was outside the U.S., I gave birth to a child. Now I wish to return to the U.S. May I take my child with me?

As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during a temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e. green card), a valid reentry permit, or an SB-1 visa. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate.

[ceadsearc 516]

Keep in mind your husband can file for you and your child as an LPR and if he comes a citizen before a visa number becomes current the petition can then be upgraded.

[Harsh_77 716]

No. You got that wrong. The rule only apply to an LPR mother. It does not apply to an LPR father.

http://mumbai.usconsulate.gov/legal_permanent_residents.html

I am a legal permanent resident of the U.S. While I was outside the U.S., I gave birth to a child. Now I wish to return to the U.S. May I take my child with me?

As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during a temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e. green card), a valid reentry permit, or an SB-1 visa. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate.

Another thing is temp visit and the parent mother is GC holder... in this case the mother does not have GC and father has not filed for the wife yet nor kid.