k-1 and may get deported

[vett 6]

But as of the time of this original posting, the couple in question is still married, therefore having joint custody of their child. The question of custody would be decided at the time of divorce....but I guess I just cannot see a mother of a 6 year old minor child 'preferring' that he remain in the US without her, especially if she has no sure way of returning. I wonder how the child entered the US...as a K-2 or as the child of the US citizen father.

yes he entered as a us citizen (born to us parent abroad) and yes she is terrified about leaving him behind not knowing if she will get to see him again, or when.

[vett 6]

Since they are already married and have already filed for the green card, I'm assuming the AOS has already been filed. May be best for your friend to speak to an immigration attorney to see what her options are.

ditto, that is what i told her. and thank you.

Moving from AOS Process to Effects of Major Changes. (Sorry for the additional move, OP.) I'm also going to try to edit your subject title as it should state K-1 and not K-3.

yes thank you. it's no problem ...remember i am new, so i need to learn

[Gina & Dan 2]

Just a seperate word of warning, trying to present an e-mail from her husbands account can get her arrested and jail time. She might want to watch the case in the attached link prior to attemtping to present the e-mail.

http://www.pcmag.com/article2/0,2817,2374794,00.asp

[Justine+David 218]

Since she's married to him, she can claim VAWA if she was abused. What a horrible situation for her...unable to take her son with her even if she wanted, but little chance of staying or returning...

[Lisamarie 79]

Wait......if the son is 6 yrs old and they just moved to the U.S. five months ago, then the child was born in Jamaica. How does that make him a U.S. citizen? Don't you have to be born in the USA to be an American citizen? Or do I not know what I'm talking about? (very possible lol) She might have every right to take him with her. I'm not qualified to give you any answers but for some reason that popped out at me.

well she would be leaving him behind because he is an american citizen (born abroad to us parent) and the father says he would not sign the affidavit that would allow her to take him out the US.

o.k thank you, but i doubt they would be willing to issue a tourist visa to her since she clearly tried to immigrate. but then again she might have a chance if she can prove that she will be coming back home. thanks again.

yes it is. because the child is a us citizen( born abroad to a us parent) and the father says he will not sign any document allowing her to leave with the child.

[vett 6]

@ lisamarie. actually i didn't know myself,until recently, but yeah if the child was born to one or even both us citizen parents abroad, they are automatically us citizen. in fact when he left jamaica (the lil boy) he left with a us passport. so yeah strange but true.

[vett 6]

Since she's married to him, she can claim VAWA if she was abused. What a horrible situation for her...unable to take her son with her even if she wanted, but little chance of staying or returning...

i know about that option.but he has not abused her, in fact he would never harm her in that way. she just fell out of love with him. but thanks again

[yohino 22]

Wait......if the son is 6 yrs old and they just moved to the U.S. five months ago, then the child was born in Jamaica. How does that make him a U.S. citizen? Don't you have to be born in the USA to be an American citizen? Or do I not know what I'm talking about? (very possible lol) She might have every right to take him with her. I'm not qualified to give you any answers but for some reason that popped out at me.

Since the father is a US citizen the child automaticlly gets citizenship through his father.

[Lisamarie 79]

Ok...I didn't realize that. I learn something new everyday I guess....lol....thanks;)

Since the father is a US citizen the child automaticlly gets citizenship through his father.

[missouriviaperu 1]

Wait......if the son is 6 yrs old and they just moved to the U.S. five months ago, then the child was born in Jamaica. How does that make him a U.S. citizen? Don't you have to be born in the USA to be an American citizen? Or do I not know what I'm talking about? (very possible lol) She might have every right to take him with her. I'm not qualified to give you any answers but for some reason that popped out at me.

.......as stated above a person need not be born in the US to become a US Citizen. The child of any US Citizen born overseas is automatically considered a US citizen. That's how it worked with me - I was born in Lima, Peru in March 1983 and registered as a "US citizen born overseas" in June 1983...the parent just has to go to the US embassy and take care of the paperwork.

[Pegworth 2]

Well it's great to hear that he hasn't or wouldn't harm her they must care for and respect each other even if they are having a rough patch. Maybe they should try a little longer to work out the marriage for the child's sake. That's a very hard age for a child to loose a parent. If they try now at this critical time they know they have done all they could and still get a divorced later.

Edited January 11, 2011 by Pegworth

[daboyz 36]

.......as stated above a person need not be born in the US to become a US Citizen. The child of any US Citizen born overseas is automatically considered a US citizen. That's how it worked with me - I was born in Lima, Peru in March 1983 and registered as a "US citizen born overseas" in June 1983...the parent just has to go to the US embassy and take care of the paperwork.

Yep. The paper is called CRBA (Certified Record of Birth Abroad)

[VanessaTony 3,567]

my friends are in a spot.

- they have been together for 8yrs and have a 6yr old son together.

- the male is the USC and he filed for a fiance visa for the female (they are both my friends)

- it's been about 5months now since they moved to the us, and has been married for 3 months.

- The husband just found out from his wife that she does not love him any more. so he accused her of marrying him only for the green card, because he said it's obvious that she knew that she was no longer in love with him way before they got to the US

- she hasn't even gotten her conditional green card as yet.she did her biometrics and got her work permit, but they have not been scheduled for an interview for the actual green card as yet.

- now he is threatening to have her removed

- my friend thinks she has a case since they been together so long and also have a son together. she also says she has emails that another woman wrote him while they were married, so she can prove that he is the reason the marriage dissolved.

QN - do you think there is a way that she can stay in the US based on the above story? in other words do you think she has any case at all?

So I changed the layout of your post to make it a bit easier to respond to.

Most of what you said above would be good evidence for her if she wanted to ROC by herself, or for her GC interview (if she has one) IF they were still together (minus the letter from another woman of course) BUT because she doesn't even have a greencard yet, none of all that relationship stuff matters.

Unfortunately for your girl friend she needs her husband to get her greencard (you stated there is no abuse so VAWA isn't an option). All he needs to do is withdraw his affidavit of support and/or not attend the interview and her GC application is denied and she has to leave the US.

He can't really have her "removed" so to speak, but he can just not help her get her greencard and that means she needs to leave or she will be here out-of-status (when her AOS application is denied because he doesn't go to the interview or withdraws his sponsorship).

What you SHOULD remind your friend of is that if he really plans on divorcing her and withdrawing sponsorship then she NEEDS to leave the country before she has accrued 180 out-of-status days. She doesn't want to get a ban for overstay. She will also get a letter (once the AOS is denied/revoked) that gives her 30 days to leave.

[VanessaTony 3,567]

** Edit - to make my answer to your question more obvious, no. Your friend cannot get a greencard unless her husband goes to the interview with her and they prove their relationship. She cannot get a greencard if her husband pulls his sponsorship. She will need to leave the US. I suggest your friend do something about the child arrangement.

Based on what you wrote, the child has lived the start of his/her life NOT in the US. It is in the childs best interest to be with his/her mother or at least access to his/her mother. A friend of mine's arrangement is that at the fathers expense, the child must visit the mother at last once a year in the US (the child wasn't able to leave his/her home country, dad wouldn't allow it) over an Australian long holiday I think it is (we don't have summer break like the US does). Perhaps they could work out an arrangement like that until the mother is able to figure something else out?

I don't agree with lying to USCIS but I do offer the following suggestion. If the father cares at all about his child, the mother staying in the US should be a priority for him. Some K1 AOS applicants don't get interviews. I would suggest to your male friend that he wait and see whether she just gets the GC without an interview. If she does then they haven't lied to immigration. If they get an interview letter, then if they're seriously not going to stay together then she should prepare to leave the US and withdraw her application for GC because she won't get the GC without him.

Also, on a more personal note. She can't help it if she doesn't love him enough any more. She shouldn't feel guilty for that. Sometimes it just happens. But they should try and end the relationship in a good way because they have a child together. It's definitely one of the hardest things about an international relationship when a child becomes involved.

Best of luck to them.

[Boiler 45,727]

If he lets it go through then he is on the hook for the affidavit of support. Not a good thing.