Father of U.S. citizen wants Naturalization

[50 cool 50 0]

Hi Guys.

First off happy new year to everyone and i wish everyone good luck in establishing a new life in the USA

here is my predicament, i really need some good advice from you guys

I have overstayed / been in the USA illegally for just over a year.

I did not origionally come to the USA to persue the dream or anything. I just came here on holiday and ended up staying.

I met a girl

I am in a good relationship with my girlfriend. I like the relationship the way it is.

My girlfriend (who is a from the USA) gave birth to our daughter a couple of months ago.

Since i have been here i have been investing some of my money from back home, buying investment property, and such.

I am an investor or sorts and have a healthy portfolio of assets that I have worked really hard for most of my life.

My girlfriend wants to get married to me. We are very fond of one another.

I dont want to marry her because I feel that she will always have doubts about why i married her- did i just do it to get a greencard??

I dont think this is fair on her, and i am a genuine guy and i would never want her to ever have any doubts about that stuff.

Next I dont want to marry her because I like our relationship the way it is. i see so many people getting married and it changing how they feel about each other a few months later. Married people always seem to end up hating each other. I dont want this to happen to us.

The other thing is my girlfriend is from California. The place where divorce / divorce courts / prenuptials / were invented. I have these nightmares of her dragging me through a divorce court and taking all my assets in a few years time. She says she would never do that but with familiarity over time can come several new thought processes so i just want to avoid any situation like that in the future. I dont belive in prenuptuals are worth the paper they are written on.

Having said all that, i would love to go back to the UK and see my family and eat some fish and chips if only for a few days.

I am getting depressed with feeling that i can never leave. if i leave in my present status i will be band from the states and not be able to see my daughter for 10 years.

My situation really is depressing me because I like my freedoms and now I am in a situation where I am an tarred an illegal immigrant and have little freedoms and I dont want to get forced into a unhappy marriage or bad situation just to satisfy an immigration officer. I am sorry. I wont do it.

So am I stuck in Limbo forever?

Is there any other route?

such as being a parent of a USA citizen / or as an investor / or what about if i set up a charity or started a new religion???

advice much appreciated guys

Edited January 1, 2010 by 50 cool 50

[George and Movi 1]

Dear 'British Newbie',

I've always had a great appreciation for the well-timed, intellectualized, sarcastic humor of those Brit's I've had occasion to meet. That being said, I feel confident, had this exchange been verbal in lieu of the written word, your retorts and our resultant laughter would have us spilling our beer.

You state, you want to be "Neutralised." Go to Detroit or Chicago at night time. Someone hard to spot in the night will 'neutralize' you in short order. However, on the more probable chance you meant you want to be, 'Naturalized', as a citizen, (considering all you wrote), I would have to say, in the Brit and U.S. vernacular, you are screwed.

Do some quick research on the consequences of not abiding by the immigration rules. Rule 1 - Follow the rules. Rule 2 - Immigration only has sympathy for those who swim the river on the southern U.S. Border. The swimmers can say they came to reclaim their party pinata and get a visa. You...you are screwed.

Your marriage deal...I see a simple answer there. If you want to get married then do so. However, it doesn't sound that way. So, don't.

Remember the old saying about prenuptial agreements, "Honey, I trust you. It's your lawyer I don't trust."

It seems you're in a pretty good mess. Maybe get a log cabin in a back-woods community, raise your daughter with your woman, home school her and sweat sweat out the installation of new conservative government replacing the socialist one we have now.

My best to you,

George

[50 cool 50 0]

sorry naturalised

[onuche 0]

Dear 'British Newbie',

I've always had a great appreciation for the well-timed, intellectualized, sarcastic humor of those Brit's I've had occasion to meet. That being said, I feel confident, had this exchange been verbal in lieu of the written word, your retorts and our resultant laughter would have us spilling our beer.

You state, you want to be "Neutralised." Go to Detroit or Chicago at night time. Someone hard to spot in the night will 'neutralize' you in short order. However, on the more probable chance you meant you want to be, 'Naturalized', as a citizen, (considering all you wrote), I would have to say, in the Brit and U.S. vernacular, you are screwed.

Do some quick research on the consequences of not abiding by the immigration rules. Rule 1 - Follow the rules. Rule 2 - Immigration only has sympathy for those who swim the river on the southern U.S. Border. The swimmers can say they came to reclaim their party pinata and get a visa. You...you are screwed.

Your marriage deal...I see a simple answer there. If you want to get married then do so. However, it doesn't sound that way. So, don't.

Remember the old saying about prenuptial agreements, "Honey, I trust you. It's your lawyer I don't trust."

It seems you're in a pretty good mess. Maybe get a log cabin in a back-woods community, raise your daughter with your woman, home school her and sweat sweat out the installation of new conservative government replacing the socialist one we have now.

My best to you,

George

Hahahahahahahahhahaha,

George and Movi, you should have been a comedian, God i cant stop laughing!!!!!!!!!!!!!!!!!.

Hahahahahahhahahahahahahaha.

[aleful 1,905]

ditto

the only way then would be to wait for an immigration reform and see what happens,

the only other route is marriage, no other way.

[Anh map 2,098]

You US citizen child can petition for you when they are of age.

You could research the E2 investor visa on the USCIS website http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

You may want to consult an immigration attorney to discuss your options. Watch your out of status days. They are accruing and could factor into any US entry ban given to you after you snack on fish & chips back on your home turf.

[NigeriaorBust 4,087]

You have overstayed long enough to earn yourself a significant ban, Your USC child will be able to petition for you when they are an adult ( 21) If you wait and don't work for 11 years and leave your ban will be up right about when your daughter can petition for you. You could leave now, serve you ban and then try for an investment based visa, assuming you have enough money to back an investment.

[aaron2020 11,651]

Presuming that you entered the US on the Visa Waiver Program (VWP), you got yourself in a pretty good bind. Entering the US on the VWP, you waive your right contest any removal procedure from the US. This means if you get caught, you can not fight deportation.

Your illegal presence is not going to help you get an investment visa or work visa or any other visa. You cannot violate US immigration laws with your illegal presence and then expect to get a visa. Your punishment for violating the laws is that it will not reward you with a visa.

Leaving the US will mean a significant ban.

Being a good parent does not matter - too subjective to look at. Your child can petition for you once the child reaches the age of 21. Until then, there is no immigration benefits that you can obtain through your child.

Marriage to a US citizen is about the only way for you to become legal.

Your life, your choices. There is only one way that I know of for you to possible become a legal resident and that is marriage.

[Brother Hesekiel 2,236]

Mate,

you are a dead fish in the water, having the unique opportunity to get a green card through the mother of your daughter, once you have married her. It's your one and only chance not to eventually end up in handcuffs, waiting 2-3 months in a detention center for your removal with a 10-year ban attached, while the sharks here take care of your investments in a way you might not appreciate.

Even if you had another million $$$+ to invest in a new business right now and were willing to create 10 new jobs for Americans, it wouldn't help you due to being illegal as a Wetback. I walked in your shoes for almost 14 years and I own commercial property as well. I never wanted to get married, dismissed several opportunities to do so because I couldn't do something that didn't seem right, but if you're with the right woman, and since you have a child together she might be, it's fantastic and a rewarding experience.

So if you like to stay here in the US, now that opportunity knocked, you better answer that friggin' door!

George,

funny response, I enjoyed reading it.

[lucyrich 20]

Yep, the moment you leave the US, for whatever reason, you'll have a 10 year bar on re-entry because of the year of unlawful presence you've accumulated. You can avoid the ban by remaining inside the US and adjusting status.

How did you enter? If you entered under the visa waiver program (in other words, if you didn't get a visa in your passport before you came to the US), then your only possible adjustment of status is by virtue of being an immediate relative of a US Citizen. Investor or work-related routes to adjustment of status are unavailable to you. If you entered based on a visa, then other routes to adjustment of status might be available.

If you entered on the VWP, then to get status via some route other than as immediate relative of a US citizen, you'd have to leave the US, get an appropriate visa, and re-enter legally, but leaving the US would cause you to be subject to the ten year bar, so this method would take a very long time.

You may want to consult with an immigration attorney to verify this and figure out a strategy, but I think you've already had basically correct info here.

Oh, and BTW, whether you call it naturalization or neutralization, it's a long way off. A prerequisite to naturalization is getting lawful permanent resident status (a green card). Concentrate on that first. After you've had your green card for a period of time (five years generally, three years if married to a US Citizen), you can think about naturalization, if you meet all of the other naturalization requirements.

[Old Dominion 26]

It seems as if your investments are about the most important thing in your life. You took a risk of some kind in acquiring them -- why not risk marrying the mother of your daughter and get on with your life by measuring success differently.

[VanessaTony 3,567]

I'm with you, marriage IS a gamble and it's unfortunate but over time people do change and these changes are sometimes bad, sometimes good.

Having said that, my idea is based on your possessions firstly and foremost. My father has been married a couple of times and after the first realised that his possessions were at risk, for that reason he went to a lawyer and created a family trust/company. I'm not entirely sure what the documents say, but I know that anything bought through the trust CANNOT be touched by divorce proceedings and it remains active until dad's youngest child's youngest child turns 21. The company can transfer property to people but during his second divorce his soon-to-be ex-wife tried to take what was owned by the company too... the judge told her the trust/company was airtight, she didn't have any claim to it. I recommend speaking to a lawyer about setting up a trust, whether it's beneficial to your parents, or your children and their children etc.

Another issue is, much as I support your relationship as is, what happens when she gets sick of it (not saying she will, but maybe you have a bad fight one day)? or someone gets angry with you and "dobs you in"? I must say the constant fear of deportation would be very hard to bear (for me at least). Not to mention, what happens if it's next year? Or the year after? You won't be able to see your child grow up.

Like everyone says, as soon as you leave you start the ban BUT there is hope... kinda sorta. For instance, my husband's cousin's husband (confusing ) was an illegal mexican. He'd been in the states illegally for around 10 years but he left because he wanted to be legal. He applied for a spousal visa and was always completely honest about overstaying. He has 2 kids with my husbands cousin so he applied for a ban waiver. I forget the grounds but he was home this year for Xmas. He left early this year so it took less than 12 months.

I say there is "kinda sorta" hope because I honestly think the ONLY way for you to stay at this stage is to marry and adjust status. You said you're concerned about her thinking you "used her for a greencard". You are and you aren't. You didn't pick her because she was American. You want to stay with her, you have a child together, marriage helps that happen. I agree with the California/divorce thing so that is difficult, but even right now there are laws for couples that live together (don't know what they are California) so you might still be at risk as is... more to the point it opens up the question of what happens to any possessions/money etc if your relationship ends and she has you deported? She gets it anyway (not saying she will but you have no rights to it I thought).

In terms of marriage changing things, it does, and it doesn't. It depends on the people. My parents don't hate each other, not all married couples hate each other, same with divorced couples. Marriage only changes things if you let it. Right now for me and my recent marriage the only thing that's changed is my name. We still live the same, love the same, argue the same. If anything it actually HELPS a relationship because you need to fight harder to stay together, there's no "easy out". I think "this is forever" I don't wonder whether the next fight will be the end of us (that said we don't actually fight but my ex and I did, a LOT)

I really wish you the best. Maybe you should go home, what if she was to come with you? She and your child could go to the UK together. Either way, to stay requires getting married (pretty sure), leaving means a ban but your gf and you baby could come and visit you. I would speak with a lawyer about your portfolio. It will take a good lawyer, but I'm hopeful that something can be done to protect your possessions.

Good luck!

[VanessaTony 3,567]

It seems as if your investments are about the most important thing in your life. You took a risk of some kind in acquiring them -- why not risk marrying the mother of your daughter and get on with your life by measuring success differently.

That's rude. Unless you have had someone take something from you that you have worked a LONG and HARD time for, you have no idea. He has perfectly valid reasons for not wanting his gf to turn against him and take what he worked hard for. It happens every day. People change, things change. Some people are mean and spiteful... it's a shame, but it's the truth.

[Kathryn41 3,205]

sorry naturalised

Topic Title edited to correct typing mistake Duplicate post also removed.

Edited January 1, 2010 by Kathryn41

[garfield529 47]

....it wouldn't help you due to being illegal as a Wetback. .....

REALLY? That was necessary to answer the OP's question?? Stick to the answer in an objective way please.