Bringing Child of USC to US while I-130 pending

[rudyzn 2]

Hello people,

We are now confronted with a dire decision, here goes, please give us your INFORMED suggestions:

-I am a USC (born in the US, my dad and granddad were also USC)

-My wife is a French citizen, with an immigrant visa on her passport (interview at US Embassy Paris on July 25, 2013)

-Expiry of my wife's visa is January 23, 2014 (has to enter US before that date)

-During my wife's immigration process, she gave birth to our daughter (who currently holds a French Passport)

Considering that:

-I CANNOT automatically transmit citizenship to my baby, because I have not lived more than 5 years in the US

-My father could transmit citizenship to her grand-daughter trough N-600K form... but it is SUPER lenghty, and proof required is too complex for me to get my hands on. It also costs 600 bucks, and we already applied to CR2 visa.

-After submitting I-130 for my baby in May, her NOA1 Priority date is June 10, 2013.

==> We are considering the following:

-That my wife enter the US with her immigrant visa, on her own, without the baby.

-After "activating" her visa with stamp at POE, she exits the US after receiving her green card through the mail.

-She comes back to France to get our baby

-She comes back to the US with the baby (visa waiver program, tourist visa)

-When interview is scheduled in France for my baby, she/we goe back with the baby to attend interview.

-Then we come back to the US with our baby, who will become a USC after POE stamp.

Of course, if possible, my wife could also enter the US with the baby on her first trip, but I fear that the customs official will find it "suspicious" that the mother of my baby is immigrating, while her baby is on a tourist visa.

Our questions are:

What could possibly go wrong? Are we doing someting illegal? If we are, any other suggestions?

PLEASE PEOPLE, WE DESPERATELY NEED YOUR ADVICE. We do not want to break the law.

Only trusted sources PLEASE

THANK YOU TONS

[Mark88 184]

Did you already acutally ask the embassy if they could issue a baby transportation letter? If you have the feeling they don't know much about it (as the CO's usually do), go ahead and email Customs and Border Proetcion CBP in FRANKFURT. CBP's head office is for all of Europe so they know what they are doing and usually respond within 24 hours.

cbp.frankfurt@dhs.gov

[sirena1296 0]

Did your father live in the us? Seems i read that if the parent (you) did not live in us for 5 years but the parent of the parent had, then you could.

I dont know if the laws are different for france, but go register YOUR child at the american embassy.....i have a friend here in Mexico who is a us citizen, she took the childs birth certificate to embassy and register her child as a biologically child of us citizen born abroad.

Call your american embassy.....

[rudyzn 2]

Hi there Mark88 !

Did you already acutally ask the embassy if they could issue a baby transportation letter? If you have the feeling they don't know much about it (as the CO's usually do), go ahead and email Customs and Border Proetcion CBP in FRANKFURT. CBP's head office is for all of Europe so they know what they are doing and usually respond within 24 hours.

cbp.frankfurt@dhs.gov

I have done extensive research on the web regarding said transportation letter:

A child who is born to a U.S. Lawful Permanent Resident parent during a temporary absence abroad not exceeding one year (unless exemption applies-see below) may be processed into the United States as a Lawful Permanent Resident if at the time of application for admission at a U.S. port-of-entry it is the child’s first application for admission to the U.S., it is prior to the child’s second birthday, the child is accompanied by the parent and it is the parent’s first travel to the U.S. after the child’s birth.

My wife WAS NOT an LPR at the time she gave birth to our baby. She was not on temporary absence abroad (has not immigrated yer).

So, there's that... Will definitely email them in order to get some feedback.

Any suggestions regarding my questions on OP?

[rudyzn 2]

Did your father live in the us? Seems i read that if the parent (you) did not live in us for 5 years but the parent of the parent had, then you could.

I dont know if the laws are different for france, but go register YOUR child at the american embassy.....i have a friend here in Mexico who is a us citizen, she took the childs birth certificate to embassy and register her child as a biologically child of us citizen born abroad.

Call your american embassy.....

Hey Sirena...

My father has lived more than 5 years in the US. HOWEVER.... he now lives abroad (not in the US), and collecting all required proof will be a pain for us.

He can transmit USC to my baby, but it is a LENGHTY process, and I am not sure that it offers any advantages when compared to I-130 CR-2 petition.

Any suggetions?

[Mark88 184]

My wife WAS NOT an LPR at the time she gave birth to our baby. She was not on temporary absence abroad (has not immigrated yer).

I understand completely, but there is so much in immigration law that sometimes not even posted on the internet. Maybe there is a loophole for i.e. the baby transporation letter and the status of your visas wife.

My father has lived more than 5 years in the US. HOWEVER.... he now lives abroad (not in the US), and collecting all required proof will be a pain for us.

Are you a USC by birth in the US or through CRBA? This might make a huge difference in the evidence you need.

Any suggestions regarding my questions on OP?

If you have the possibility of doing it this way, your plan will work out. Especially if your wife is up to flying Atlantic legs back and forth with a baby (my wife wouldn't do it). But I found something in Immgration law that Frankfurt should definatly help you out with:

9 FAM 42.1 N1.1 Child Born After Issuance of Visa to Parent

http://www.state.gov/documents/organization/87519.pdf

Basicly means, that your child doesn't need a Immigrant Visa at all (the clue would be a baby transportation letter I guess)! Send CBP Frankfurt the link if they give you a negative answer and ask if this law applies to you.

[Mark88 184]

I also found this. You can thank me later

Since being issued with an immigrant visa I have had a baby. Can my baby immigrate with me?

http://dublin.usembassy.gov/faqs_immigration.html#question16

http://london.usembassy.gov/faq-imm-proc.html

http://hongkong.usconsulate.gov/iv_faq.html#b03

Multiple Embassies give the same answer! If the Embassy in France didn't point this out to you, this just shows again what CO's really know about these things.

Edited September 18, 2013 by Mark88

[rudyzn 2]

I also found this. You can thank me later

Since being issued with an immigrant visa I have had a baby. Can my baby immigrate with me?

http://dublin.usembassy.gov/faqs_immigration.html#question16

http://london.usembassy.gov/faq-imm-proc.html

http://hongkong.usconsulate.gov/iv_faq.html#b03

Multiple Embassies give the same answer! If the Embassy in France didn't point this out to you, this just shows again what CO's really know about these things.

Dear Mark88,

First of all thank you, sincerely, for taking the time to help us.

This situation is starting to mess with our heads, and explaining all this complication to my wife sometimes is not easy (many here in VJ might relate...).

The problem with the links you sent me, is that this procedure only applies to mothers who give birth to the child AFTER the visa is issued. My wife gave birth almost 2 months before her visa was issued.

I have sent a mail to the CBP Frankfurt, explaining our situation and asking what they could do for us (maybe "baby transportation letter"?).

Also, US Embassy Paris FINALLY replied to one of my mails this morning. They explicitly tell me that my wife can enter the US in order to "activate" her Green Card, and then travel freely. So this is the path we are going to have to follow I guess, unless something new comes up. Not a pretty path, with many long haul flights in perspective, and being separated from our 3 month old baby, without mentioning the big bucks involved in the entire operation. What a horrible situation.

Anyways, thanks again for the help, any other suggestions GREATLY appreciated.

[Mark88 184]

Hi Rudy,

I'm very sorry, that I didn't remember that correctyl. I really hope for you, that there is some loophole in immigration law that will help you out. Till now I always had pretty good experience with Frankfurt and I hope you do, too.

As you know from our CRBA story, we went through a lot too, and I hope all works out for you guys.

Best

Mark

[rudyzn 2]

Hi Rudy,

I'm very sorry, that I didn't remember that correctyl. I really hope for you, that there is some loophole in immigration law that will help you out. Till now I always had pretty good experience with Frankfurt and I hope you do, too.

As you know from our CRBA story, we went through a lot too, and I hope all works out for you guys.

Best

Mark

Mark,

Definitely, when I first read your story a couple of months ago, I said to myself:

"Wow! Here's a family that went through a great deal of trouble!"

I am really glad it all worked out for you in the end.

Will keep you updated regarding our situation... I am sure all this will help someone in the future.

Thanks again, all other comments are welcome!!

[NigeriaorBust 4,087]

File an I130 for the baby, request an expedite because the mothers visa is already issued. Your child need to enter the US on an immigrant visa to then become an automatic USC. ( I have a friend that had the same issues needed the immigrant visa but can waive the affidavit of support because she will automatically be a USC )