# can you help me understand?



## NFN123 (Jan 15, 2009)

Hello, I just found this forum and have some questions about my situation and am hoping some of you may be able to help me understand the laws since I am unfamiliar with them. 

I am a US citizen, born in US and lived here all of my life. My girlfriend is a citizen of Germany and has been in the US for 12 years on a work visa. She has applied for green card, but is still waiting. She is now pregnant with my child.

I assume that if the child is born in the US, he will automatically be a US citizen. However, there is a chance that she may travel to Germany to visit her family and could possibly be there at the time of the child's birth. If this happens, is there going to be a problem with getting my child back to the US or getting US citizenship for him? 

Also, I'm wondering about the green card status. She certainly is not trying use use pregnancy as a way to get a green card, but I'm wondering if there is a chance that she could be denied a green card even though her child is a US citizen. How would this work? I'm just thinking of a scenario where my child is a US citizen but his mother is required to leave the country for some reason...is this a possibilty or could she be granted her green card simply because she has a child who is a US citizen? 

I think she will be getting her green card soon as she has been in the application process for a few years now. However, I'm a little concerned about how pregnancy and childbirth might affect this process. Especially, I'm wondering about her traveling to Germany and then trying to come back to the US while she's pregnant. Is there a chance that she may be denied re-entry to the US just because she is pregnant? She has a job here as a College professor and has resided here for 12 years. We are not married. Are we going to be facing any legal troubles with her being pregnant and/or having a child while visiting Germany and then trying to return to the US?

Thank you for any assistance you can provide for me.


----------



## Bevdeforges (Nov 16, 2007)

If the child is born in Germany, there is a way to register the birth with the US Consulate there so as to recognize the child's right to US citizenship based on his father being a US citizen. Honestly, it would be a whole bunch easier if you were there with her. 

Take a look at the US Consulate website in Germany. Under Consular Services, there should be something about registering the birth of a citizen abroad where the father is the US citizen and the parents aren't married. At a minimum, you'll have to go into the Consulate with the baby and all the necessary documents. And you may have to wait until the baby's passport has been delivered before you can return with the baby to the US. (I think it takes about 10 days to 2 weeks now.)

As long as all her paperwork is in order, there shouldn't be any problem with her re-entering the country while pregnant. The baby's claim to citizenship is through you, regardless of where he or she is born.
Cheers,
Bev


----------



## twostep (Apr 3, 2008)

First - she should register the birth with the nearest German Counsulate. This will give the child the German citizenship. You have to be on the birth certificate and request SS# and a passport for your child. Bev - it takes from 6-12 weeks to get a German passport:>) 

She can leave the US while her GC application is in process. It is not recommended. Please check USCIS for details. The pregnancy may also put restrictions on her travels.

A "normal" Green Card does not have an unlimited shelf live anymore. She will have to make a decision within the next couple of years.

Why do you not get married?


----------



## Bevdeforges (Nov 16, 2007)

twostep said:


> First - she should register the birth with the nearest German Counsulate. This will give the child the German citizenship. You have to be on the birth certificate and request SS# and a passport for your child. Bev - it takes from 6-12 weeks to get a German passport:>)


I think you misunderstood me. I was talking about what to do if the birth happens while she's in Germany. Given that the child has an American father, the birth needs to be registered at the US consulate and the kid needs a US passport to get back into the US.

They used to do the infant passports onsite, but I don't think they do that anymore. The consulate here in Paris can turn around a passport renewal in 10 days to 2 weeks, but I don't know what the delay is on an infant passport.

I agree it's probably not a great idea to leave the US at this point.
Cheers,
Bev


----------



## NFN123 (Jan 15, 2009)

thanks for the info you've given me so far. Also, I've been researching the USCIS site to learn more. 

In reply to why don't I just marry her....well, this simply hasn't been addressed yet...perhaps its a good idea. Nevertheless, I'm still trying to find all the info I can in order to be prepared for whatever scenario happens to unfold. As the plan currently stands, she and I are both intending to travel to Germany together to visit her family for about a month and then will return to the US before the birth of the child. That is the plan as I wish for it to happen.

I guess my main concern would be that we get there and then for some reason she is not allowed to return and has to stay there to have the baby. Maybe she can't fly due to pregnancy complications or for whatever reason....??? or maybe there is some regulation about pregnant women entering the country? Is there?...I don't know. 

She is currently here on H1B status and from what I understand from reading info at the USCIS site, a person on H1B status does not have to have a travel document or advanced parole document to re-enter the country even if they are in the process of applying for a green card. Do I understand this correctly?

Probably, my main concern would be that after being in Germany for a month, we try to come back to the US and she is not allowed to re-enter because of the pregnancy or because of some other paperwork and red tape and then the baby gets born in Germany and we have to struggle with more paperwork to get him back to the US. 

Just seeking facts so that I am properly prepared for whatever might happen before we leave for Germany, so I appreciate any useful feedback that any of you are willing to provide. Thanks again for the help you've already given me!


----------



## twostep (Apr 3, 2008)

You say "he". How far is she?
Consider travel restrictions imposed by airlines and medical issues. Knock on wood - an unexpected problem and she may not be able to travel. Is their medical treatment taken care of? Will they be able to spend an extended period of time with her family? How does her employer handle such extended absences?

Bev - would you drag an infant to Paris for a week or two? Either way - the birth has to be registered.

To the best of my knowledge GC applicants can travel feely. You may run into questions and potentially issues at point of entry if one leaves and two return.


----------



## Bevdeforges (Nov 16, 2007)

twostep said:


> You say "he". How far is she?
> Consider travel restrictions imposed by airlines and medical issues. Knock on wood - an unexpected problem and she may not be able to travel. Is their medical treatment taken care of? Will they be able to spend an extended period of time with her family? How does her employer handle such extended absences?
> 
> Bev - would you drag an infant to Paris for a week or two? Either way - the birth has to be registered.
> ...


Not suggesting dragging the kid to Paris. If it is born in Germany, you take it to the US Consulate in Frankfurt (or if there is another one closer by). But you do have to bring the kid in order to register the birth. I don't know what the Germans require for citizens born in the US.

Also, it appears that the airlines don't always have policies on flying pregnant any more. There was a recent story in the papers about a Nigerian woman giving birth on a flight from London to Boston (I think it was). BA said that they don't restrict pregnant women from flying anymore (though they don't really recommend it in the last trimester). If BA has dumped their restrictions, who knows what Lufthansa or Air France do nowadays?

But you raise an interesting point. If complications develop while she is visiting Germany, what is her status as far as hospital or medical coverage? They won't turn her away, but if she has been out of the country for a while, she isn't covered under the German national health - and any employer insurance she has from the US may or may not cover her while travelling in Europe, especially for pregnancy-related care.

Wouldn't it make better sense to plan a visit AFTER the birth so you could go show off the new baby to the family?
Cheers,
Bev


----------



## NFN123 (Jan 15, 2009)

Thanks for all of the interesting considerations you have brought up. This is exactly what I am seeking so that we can make a wise decision about this. Actually, if all goes as planned, we would arrive in Germany when she is about 6months and return to the US when she is around 7 months, so the possibilty of birth in Germany is low unless something happens that prevents her from returning. The reason she wants to go before the birth rather than after is because this is the only period of time that she has off of work. She is certainly willing to postpone the trip until a later time if it is not a good idea, so that's why I'm here to gather information and assess the situation. 

The question of whether or not she would have access to health care coverage while in Germany is a very good point and something that needs serious consideration before we make a decision about going...thanks for bringing that up! We were initially concerned that airlines would not allow her to travel, but she has verified that she will be able to fly while pregnant. Whether or not it is a good idea is what we are still in the process of considering. I agree that it might make more sense to wait until a later time to make the trip, but she is determined to do it if at all possible. She only sees her family once a year during the time she has a break from work, so she is excited about going. Also, I have never met her parents and she really wants me to go with her for this reason...I guess they will have to be understanding if it turns out that we determine it best to wait until another time. Also, her parents speak no English, so I am under pressure to hurry up and improve my German skills....a postponed trip would give me more time for this too! However, I am eager to go with her if we decide we can pull it off without any complications, so we will continue to analyze the possibilites and see what comes of it. 

In looking through the USCIS site, I see that a person who is applying for a green card cannot leave the US and then return unless they have obtained a travel document known as an advanced parole document. However, in searching for further info, it appears that this rule does not apply to someone under H1B status...at least this is how I interpreted what I read. If anyone can clarify this for me, that would be helpful. I don't want to be surprised by having her re-entry denied when we try to come back.

It would be a scary situation to have a pregnancy complication in Germany and not have any sort of health care covererage, so that is something that we will certainly give serious consideration to....thanks!


----------



## twostep (Apr 3, 2008)

My personal priority would be her and the baby's well being. At 6/7 months she will be cranky, have mobility issues, the baby is reacting actively to anything she feels/does, ... Poor you locked up with her on two flights and culture shock 101 for four weeks:>) 
Why do you not invite her parents to visit?


----------



## twostep (Apr 3, 2008)

I am nosy - where in Germany are you planning to go and when?


----------



## NFN123 (Jan 15, 2009)

In far east Germany....a small village about 15Km north of Goerlitz. Trip planned for May....and although I said "he", I don't know if it is he or she; just used "he" for convenience.


----------



## twostep (Apr 3, 2008)

Have you considered the road trip from your port of entry and medical facilities? This sounds like close to nowhere.


----------



## synthia (Apr 18, 2007)

If the airline you are planning on using does impose restrictions on pregnant women flying, she probably will not be able to return since the limit is usually set at seven months. The reason for the limit is that there is some evidence that air travel, with the lowered pressure and vibration, can trigger labor.

I'm a bit amazed that you are even considering this, because it could cause you so much trouble. Your wife might be left in Germany without you, either with a newborn or for two months or more awaiting the baby's birth. OK, she'll be with family, but you won't be there. If your medical insurance doesn't cover her (and most policies either won't cover her or will only cover a limited time abroad, like one month per year), you could be left with enormous medical bills. If there are any complications, it will be worse.

This is simply not a good idea, and unless there is some compelling reason to go during that month, you should forget it.


----------



## Bevdeforges (Nov 16, 2007)

I like twostep's idea - fly the parents over for the month your partner is free. It certainly won't cost any more than the flights for the two of you, and it will be considerably less hassle all around. (If you're springing for the flights, it might also create some considerable good will on the part of her parents toward you.  )
Cheers,
Bev


----------

