Wife may have baby before she gets her visa. What now?

[mastercard 3]

I am a US born citizen applying for my Pakistani wife. We got married one month ago in Pakistan and the applications are being sent in this week thru my lawyer. I am hearing it could take a year or more to get her visa.

The problem is she may already be pregnant and could have her baby in Pakistan well before she gets her visa. My lawyer said we would then have to file for a visa for the child which might take another year.

But in doing some research I found out my child can be eligible for US citizenship under 301(g) and all I have to do is register the birth with the US Embassy in Islamabad and the baby can get also get a passport within a few weeks.

Can someone tell me if this is true? I don't think I can wait 2 whole years for my wife and baby to come to the US. If my baby gets a US passport would that mean he/she can come to the US immediately without having to wait for a visa?

Also a related question: Is there any chance she can visit the US on a tourist visa while she waits for her CR-1 or is that not possible for Pakistani citizens?

Thank you

[sami&ad 1]

Yes. Once your baby arrives you need to file for his US citizenship. I did this with two of my children who were born in Ecuador. They're now U.S citizens You need to do it once he's born because it's harder once they're older since they ask for more evidence that they are indeed your children. I believe it takes about a month or two after you file the petition

[Alaska2012 462]

I had my baby two weeks before my visa interview. We filed CRBA and had her US passport in no time.

[mastercard 3]

Thank you for the replies. I was starting to panic about this but I feel much better now.

[mallafri76 1,012]

Wow, that's a bad lawyer. If you're a USC, you can apply for citizenship for your kid once it's born.

Does she have a visitors visa already? You're a USC, she's already showing immigration intent... Does she have strong ties to her home country such as a job and own/rent a home? I doubt she'll get a visitors visa if she applies now but if you apply and it's denied, it's not gonna affect the spousal visa so you might wanna give it a go.

[dwheels76 5,468]

OMG what a misinformed lawyer. Scary. baby is a citizen when they are born. Let me ask you were born in US and you meet the criteria of a citizen lived here I believe 5 consecutive years since 14 (something like that). Don't know why a immigration lawyer wouldn't know this CRBA stuff.

Expect 10 to 12 months from filing to interview. And please even though you have a lawyer stay on top of your petition and follow it and know everything that's happening.

Not impossible but unlikely for your wife to get a visitor visa. But doesn't hurt to try.

[Thesmiths2016 117]

Correct that your baby can get US citizenship by registering the birth at your local US consulate, and apply for the passport. I'm the beneficiary of a pending I-130 myself filing from abroad, and this is what we will be doing in July when our little one is born.

However ... Me going to the USA on a visitor visa while my greencard application is pending is a big no-no as they're usually hesitant to grant such a visa in case of people trying to overstay. So this same situation may affect your wide also. Basically if you're outside the USA when applying they like you to stay there til they grant the visa.

[Cathi 5,771]

Congrats on the baby!! Dump the lawyer, he obviously has no clue what he is doing. You seem to have a straightforward case, you can do it on your own and in the meantime save yourself a lot of money and aggravation. Follow the guides here at the top of the page and just ask for help if you need it. There are many experienced people in this forum who will gladly offer help and advice when needed.

A day never passes in this forum where we do not see supposed immigration attorneys who should be ashamed to be in practice, who merely rip people off and count on the fact that people think they need a lawyer to navigate this process. As long as you have a case that is not complicated you can do it by yourself, trust me. My hubby and I had many red flags and we sailed through our journey without even a simple RFE. He is now waiting for his citizenship We did it all on our own

Edited April 24, 2016 by mimolicious

[texcal 9]

Thank you for the replies. I was starting to panic about this but I feel much better now.

We did the same thing and it was very quick and easy. Just make sure you have all your documents prepared so you can file as soon as the baby is there You for example have to prove you have lived a number of years in the US. (Sorry I dont know the exact time anymore but this forum will tell you all the requirements and help understand the process and get through it!)

Good luck

[mastercard 3]

Thanks for the replies. Can anyone tell me what documents they want to see for proof of residence?

I pay all of my bills online and even my lease was signed electronically. So I am wondering if printouts will be sufficient proof.

[Alaska2012 462]

Proof of residency can be college transcripts and such. My husband sent high school and college papers, notarized from the school's. We had a hard time thinking of anything else to prove that he had lived all his life in the US. You paying bills doesn't prove that you have been physically in the country.

[AMZJ 61]

When my ex and I applied for my daughter they wanted to see his passport and her birth certificate etc. There was a little bit of paperwork involved but nothing like what we do for our visas. It was quite easy and the documents were created very quickly.

[mastercard 3]

Thank you everyone. This is a great website. In fact after reading all the guides here I have dumped my lawyer and will be getting my fees refunded. I also have a mind to report him to the Executive Office for Immigration Review and the State Bar of Texas.

I will do the application myself.

Edited April 26, 2016 by mastercard

[ButtSaab 5]

My daughter was born one week after my wife got her VISA at US Embassy Islamabad

We applied for her CRBA and Passport at US Consulate Islamabad I think it was $205 you can pay with cash in $ or PKR

Just collect as much paper work as possible to prove physical presence in united states for 5 years such as lease bank statments bank transactions , pay stubs, motor vehicle record , letter from your employers, save old passport entry exit stamp pages, tax returns , w-2 , military records

More information can be found at link below

http://islamabad.usembassy.gov/mobile//birth_abroad.html