Having a Baby in the U.S.

[elementk01]

Hello,
I'm a permanent legal resident of the U.S.
My fiancé is in the U.S. on a Visa which will expire in a few months. We're planning on getting married in June. We're also expecting our first child, which will be born here in the U.S. during her stay. What are the laws on this and will this help us or make things harder for her on becoming a permanent legal resident as well? Will her status change automatically when the baby is born? We're both worried INS will still force her to leave before we're able to fill out the proper papers.

Any help would be appreciated.
Thanks,
Kelvin

[mckay1]

Kelvin

Not sure whether your fiance is on a visa or not ?

When my wife had a baby in the USA her status did not change so it is likely that your fiance will be required to leave.
The status of the child does not really come into it until it turns 21.

The good news is that your child will be an american for life - provided you do not register the child in another country - you cannot hold dual nationality. The child can sponsor you but only after it turns 21 !!

Regards

M

[elementk01]

Thanks..

..one more question. Is it possible for me (Permanent Alien) to petition my fiance after we get married?
I've heard two different things. On the INS website ( www.ins.gov/graphics/howd...selive.htm )they have a form that seems to allow this but I recently visited an Immigration help office and one of the reps. told me that I would have to be married.

Thanks

[elementk01]

oooppps..

..sorry... the Immigration help office told me that I should become a citizen first then petition for her.