pregnant wife going outside US, child questions...

[nogitsaro]

Hi everyone, i hope you could help me in our situation. My wife is going outside of US (Philippines) to give birth to our child. I am on H1B, my wife is on H4. We have pending adjustment of status. How easy will it be to bring our child here in the US?

[rosestroup]

the child wouldn't be able to come. then must do consular proceedings

[waitin_toolong]

wow what a categorical statement without any basis in facts.

This person is on H1 and provided the h1 is valid when the wife and baby come back, the child too will be eligible for H4. I do advise that wife takes her AP with her.

as long as the birth occurs before the I-485 approval happens the baby's I-485 can be applied for as soon as the PD of dad is current, alternatively the child will be eligible for follow-to-join.

In case the GC comes through before the baby is born, as long as the baby comes to USA before 2 yrs old and on mom/dads first visit back to USA he/she will be eligible for GC at POE.