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ErzaScarlet

Name change and having a baby

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Sorry I don't think I've given an appropriate title for this but please bear with me. Some questions might not be visa related, just general legal stuff. Thank you.

Anyway I'm a LPR and currently I am in my home country. I will be getting married soon and we're having a baby. I want to give birth in the US then immediately come back here to raise the child. I have so much more friends and family here to support me and I can get a job more easily. He agreed to it so we started planning for it like when to leave and when to fly back. I might stay in the US for just about 6-8 months and not come back anymore. (We're debating whether I should surrender my residency in the US or not)

My questions are:

1. Can I enter the US with my old green card and passport which has my maiden name on it? Should I have it changed before I give birth?

2. My baby'll be a USC by birth, right? So I'm gonna have to get her a birth certificate, passport, SNN etc. I've read somewhere that both parents have to be present when applying for those. What documents do I need to represent my then husband since he is unable to come to the US?

3. Should I choose to not let go of my green card and get a travel document which allows you to stay outside US for 2 years, can I renew it in a different state from which I obtained it? I live in CA but the state of Hawaii is much closer to my home country. Or maybe Guam?

4. Can my baby stay outside the US for a very long time? Like finish school here in my country without having to go back.

Thank you for reading through all that. I'd appreciate any reply and advice. Have a great day!:)

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Sorry I don't think I've given an appropriate title for this but please bear with me. Some questions might not be visa related, just general legal stuff. Thank you.

Anyway I'm a LPR and currently I am in my home country. I will be getting married soon and we're having a baby. I want to give birth in the US then immediately come back here to raise the child. I have so much more friends and family here to support me and I can get a job more easily. He agreed to it so we started planning for it like when to leave and when to fly back. I might stay in the US for just about 6-8 months and not come back anymore. (We're debating whether I should surrender my residency in the US or not)

My questions are:

1. Can I enter the US with my old green card and passport which has my maiden name on it? Should I have it changed before I give birth?

2. My baby'll be a USC by birth, right? So I'm gonna have to get her a birth certificate, passport, SNN etc. I've read somewhere that both parents have to be present when applying for those. What documents do I need to represent my then husband since he is unable to come to the US?

3. Should I choose to not let go of my green card and get a travel document which allows you to stay outside US for 2 years, can I renew it in a different state from which I obtained it? I live in CA but the state of Hawaii is much closer to my home country. Or maybe Guam?

4. Can my baby stay outside the US for a very long time? Like finish school here in my country without having to go back.

Thank you for reading through all that. I'd appreciate any reply and advice. Have a great day!:)

-You shouldn't have any trouble traveling to the US with your documents in your maiden name. As long as your green card and passport match your reservation, no one will give you any trouble. I assume that your green card is still unexpired.

-You can't live outside the US permanently and maintain your green card. At some point, they will determine that you have abandoned your residency and take it away. In fact, if you're outside the US for a long time or your travel demonstrates that you are not residing in the US you may be denied entry at the airport.

-Your child will be a US citizen if he/she is born in the US.

-I don't know about the requirement to have both parents present. I haven't heard of that... there are lots of single mothers who get paperwork for their newborns, but I assume you're right that if you want the father's name on the birth certificate, he needs to be there or you need to have something to show his identity.

-The two year travel document is issued for certain cases; usually if you are relocating abroad to work for an American corporation. Even if you are granted one, it is extremely unlikely that you'll be allowed to renew it if you can't demonstrate that you reside in the US (pay taxes, bills, own or rent a home, etc).

-A US citizen can live outside the US for as long as he/wants. The time spent outside the US does, however, affect whether or not he/she will be able to pass his/her citizenship to future children.

In short, your child will be a US citizen, but the purpose of a green card is that it allows you to live in the US. If you move permanently, you'll lose it. Once your child is 18 years old and moves to the US, he/she can sponsor you for a new green card, but that will be subject to the laws that are in place then.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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Thank you so much for your reply. You explained things so well and I appreciate it.

So I might have to surrender my green card. I hope it'll be easy for me to get even a tourist visa to visit some of my relatives there.

About my child being a USC, do I need to pay taxes for him/her?

Thanks again

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Do you have health insurance in US that will pay for your child birth?

In the past, it would have been very hard for you to find insurance, but under the Afforable Care Act insurance companies can't deny you coverage because you are pregnant. However, it won't be cheap.

Here's some info:

http://www.webmd.com/health-insurance/aca-pregnancy-faq


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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