US Citizen Husband - Citizenship Related Issues for Wife and Child

[kumsakthi]

I am naturalized US citizen and my wife has got conditional Green card in March 2012 based on my US citizenship. She got regular green card in 2014.

Please advise on the following situation:

1. My wife is pregnant (7 weeks) and we are looking for an option if she can go to India and deliver the baby in India. Please advise the possibility on delivering the baby in India, without undergoing immigration related issues.

2. In this scenario, is it advisable for my wife to apply for her US citizenship (On the basis of marriage to naturalized US citizen and considering that she has green card for 3 years). If so, how long it will take for her to get US citizenship We are located in South Carolina. Would applying citizenship now means she has to deliver baby in US only. Since she cannot travel by flight after 7 months.

3. Even if her US citizenship application is in progress, can she travel to India, deliver baby and come back to US.

4. If she goes to India and deliver baby, how long she can stay in India before she can return back in US without affecting her future US citizenship prospects.

5. Can the baby get US citizenship (since Father is naturalized US citizen), even if the baby is born in India and how long it will take for the baby to get US citizenship from India and travel back to US.

6. Are there any other immigration related issues, for this situation that I am not aware of.

[JoeF]

Huh? Why not deliver the child in the US?

[kumsakthi]

Thanks for the reply...

 

We are just evaluating pros and cons before making a decision on delivering the baby here in US vs. India

 

 

Since immigration is an important parameter in this decision making, I am still pondering over

a. Would the baby be eligible for US citizenship upon the birth. If so, do I need to apply for naturalization certificate (N600) for the baby, in order to apply  US passport for the baby or can I go directly  for obtaining the US passport for the baby, so that the baby can enter into US.

 

b. Can the baby get US passport from India itself easily  (and the India visa/PIO for the stay in India) without any issues. If so, how long it will take to get the US passport.

From my wife's immigration (future citizenship) perspective.

 

a. How long my wife can be outside of US without having any issues to her green card/getting back to US/while applyting for her citizenship

 

 

[JoeF]

Why are you making things complicated?

In particular since you are asking if the child would be a US citizen, it makes sense to have the birth in the US. Then the child for sure is a US citizen, no N-600 or anything else needed. Problem solved.