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vjb

AOS on VWP and US citizen child

By vjb in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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vjb Contributor

vjb   1

Posted
Filed: Timeline
Posted

I posted this on a couple forums as I'm not sure which one to use!

I've tried USCIS and Passport helplines but I can't get a straight answer:

My 5 month old daughter and I came into the US from UK on VWP. At immigration they asked me who her father was (a US citizen) and why she didn't have a US Passport (his name was not on her birth certificate). We ended up getting married and mailed papers back to the UK to get his name included on her birth certificate. I am about to send off my forms for AOS and I-130. The passport office said to send in my daughters passport with the I-94 and birth certificate to apply for her US passport. We only have 2 weeks left on our 90 day VWP and we are still waiting on the updated birth certificate from UK. What happens if I send it off and her 90 days expires whilst waiting for the US passport. They told me she would be out of status and liable for deportation but didn't actually tell me if it was still possible to do.

Anyone have any ideas? :(

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Boiler Grand Master

Boiler   45,497

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
how can they deport a US citizen????? they can't..... your daughter will be fine just file as soon as you have all the paperwork ready...

Good Luck

Kezzie

But she is not, yet.

I doubt if ICE will be searching for you, a few tens of millions in line before you.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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zyggy Experienced

zyggy   9

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Filed: Country: Canada
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how can they deport a US citizen????? they can't..... your daughter will be fine just file as soon as you have all the paperwork ready...

Good Luck

Kezzie

But she is not, yet.

I doubt if ICE will be searching for you, a few tens of millions in line before you.

Actually she is... she just doesn't have the proof... When you get everything ready, submit it so that she can get a US Passport. Also the next time you're in London, get a Consular Record of Birth for her as well.

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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