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GreenCardMom

How to bring my newborn back to US - Dad US Citizen & Mom Greencard

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Scenario:

My husband an american citizen and I had my green card approved but yet to collect (got a letter said pending for 6 months to receive my card). I travel with my combo card (employment authorization I-765 & travel card I-131) back to country and visit my parents while I'm pregnant, and I give birth in my home country.

Questions:-

1) Can I apply for US birthcert and passport for my newborn, if I have my marriage certificate and letter from doctor with me, that stated I can't take flight back to US because the date not allowed that caused me give birth in my home country.

2) How long I can stay in my home country with the combo card? My green card should be ready on October 2015.

3) Can I apply local passport for my newborn, then apply B2 visitor visa for my baby and bring him back to US, then only complete the citizenship application procedure in US?

Admin pls move to the right discussion forum if I'm at the wrong place.

Thanks

Edited by GreenCardMom

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Assuming your US citizen husband qualifies to extend derivative citizenship to your child - have you researched the CRBA?

good luck


USCIS
August 12, 2008 - petition sent
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February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
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March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
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Interview
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POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
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209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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1. You do a consular report of birth abroad for the child at US consulate near you. Get CBRA and US Passport.

a. Husband will need to prove 5 years of U.S. residence during his life - 2 of which must have happened after age 14 -- And prove his US Citizenship as well.

b. Your husbands signature will have to be part of the filing. Ask embassy if notarizing his sig is acceptable or whether he has to fly to the consulate to sign it.

c. Husband will also have to jointly authorize the child to issue the passport.

d. If child born out of wedlock, embassy can demand DNA paternity test at their discretion but generally do not when couple is married and birth certificate correlates parents.

e. If all goes well, the U.S. Passport & CRBA issued there within 2 weeks. Child must personally appear before the consular officer.

2. As for you - I am presuming you are an interview waiver candidate who came in on K-1 or K-3 and then traveled on the EAD/AP combo card back out again. . Again, as long as your AP remains valid and you did not accrue a 3 or 10 year bar for overstaying on exit (ignoring Arrabally decision here which might override that ) then you would likely be paroled in. If for some reason you are approved or denied for your CPR/LPR while outside, I'm not sure exactly how it would play out.

Edited by asisflyer

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1. You do a consular report of birth abroad for the child at US consulate near you. Get CBRA and US Passport.

a. Husband will need to prove 5 years of U.S. residence during his life - 2 of which must have happened after age 14 -- And prove his US Citizenship as well.

b. Your husbands signature will have to be part of the filing. Ask embassy if notarizing his sig is acceptable or whether he has to fly to the consulate to sign it.

c. Husband will also have to jointly authorize the child to issue the passport.

d. If child born out of wedlock, embassy can demand DNA paternity test at their discretion but generally do not when couple is married and birth certificate correlates parents.

e. If all goes well, the U.S. Passport & CRBA issued there within 2 weeks. Child must personally appear before the consular officer.

2. As for you - I am presuming you are an interview waiver candidate who came in on K-1 or K-3 and then traveled on the EAD/AP combo card back out again. . Again, as long as your AP remains valid and you did not accrue a 3 or 10 year bar for overstaying on exit (ignoring Arrabally decision here which might override that ) then you would likely be paroled in. If for some reason you are approved or denied for your CPR/LPR while outside, I'm not sure exactly how it would play out.

Thanks for the info... So my husband need to flight here and apply together? Or I just need his documents in both original and copy to present in the interview? Yes I am interview waiver candidate, letter mentioned I don't need the GC interview and they will send my card to me but be delay for 6 months.

  • Proof of citizenship for the U.S. citizen parent(s), such as an original U.S. birth certificate, passport, CRBA, naturalization certificate, or certificate of citizenship.
  • Proof of identity for each parent, such as valid original passport, government-issued driver license, state ID, or voter registration card (PDF 65.1KB).
  • Pregnancy and birth records: dated ultrasounds containing name of mother (PDF 137KB), laboratory test results, doctor/ultrasound/hospital receipts, pictures of the mother pregnant, pictures of mother and baby immediately following the birth and during the hospital stay. Baby and mother’s hospital identification bracelets, crib card, discharge orders, paid hospital bill.
  • Marriage/Divorce Certificate(s): If parents are married, provide an original or certified copy of the marriage certificate and any prior divorce decrees.
Edited by GreenCardMom

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