Some real advice please

[eclowjpd 0]

This is why the woman with a U.S. citizen child is holed up in the church. According to news reports the government says they can deport her, even though her child is a citizen.

one needs to stay, will find the way! Really, legal or not legal, she can stay here, have babies and run into some church in Chicago for refuge... So, why not!

I'm curious... just a hypothethical here... if she finds an innocent schumuck to impregnate her and over stays illegally until her child is born, will she have a defense to stay in this country as the child is born--and the child having been born in the US is a US citizen. Can she claim she has the right to stay here as her child is a US citizen and a mother needs to be with a newborn baby. Has this defense been used successfully in the past? Yorak?

[ChristinaM 0]

And right they are, eclowjpd. They can indeed deport her if she has no status of her own.

[Yodrak 7]

chuckandkim,

I think so, but you're including things that are not relevant that make your statement awkward and hard to know what you're really thinking.

Correct that after 90 days the alien is out of status ('illegal', as you and so many others put it). Whether or not the alien married the petitioner.

During the 90 days the alien is in status. Whether or not the alien married the petitioner. This is the period of time where I'm still not sure what your thoughts are regarding in or out of status.

Yodrak

chuck and kim,

This is not true. She has 90 days of authorized stay in the USA whether she marries her petitioner or not.

Yodrak

.... your K-1 visa status is only good if you marry him within 90 days, otherwise you will be out of status and a ban may be triggered upon this "misused" of your K-1 Visa.

....

chuck and kim

I always understand that K-1 Visa is issued to the beneficiary to enter the US for a very specific purpose: get married within 90 days to the petitioner who applied the I-129F. Her K-1 LEGAL status is good for 90 days. The 90 days clock starts ticking the moment she enters POE, so get married or stay illegally after the 90 days. I don't know or even care if there is any other option that may be availabale to her to stay here. The fact here is she would be lying and misused her K-1 Visa to marry anyone other than her K-1 Petitioner. Folks on VJ work their @$$ off to get a visa for their lovers to come and get married to them. This case smells funny and it is Illegal to misuse K-1 Visa.

Maybe, I should be more specific: "your k-1 status is legal, if you marry your petitioner within 90. After 90 days without married the petitioner, you're out-of-status and remain here ILLEGALLY, a ban may be triggered upon your future entry to the US." Still wrong?

[Dean iWait 0]

Don't waste your money on an attorney. Go home. If this other guy is the real thing then he needs to file another petition for you. You might inquire why he doesn't have time to visit you in the Phils. If he really loves you and wants to marry you I would think he would find the time to come see you.

[SirLancelot 1]

And right they are, eclowjpd. They can indeed deport her if she has no status of her own.

So what happens to the child if the biological father doesn't come and claim the baby? Social service takes the kid as an abandoned baby? Or the child goes back with the mother to the original country from which she came?

[ChristinaM 0]

The baby has the right to be in the US, so if the USC father looks after it there is no immigration paperwork required for that baby. It normally will also have it's mother's citizenship by birth, so can go back to her country with her.

There is no reason for it to be considered abandoned if it is with one of its parents.

[Caladan 19]

The child would be an American citizen and entitled to all the rights and protections thereof.

What that entails, exactly, would depend on circumstance; can they find the father or relatives, and so forth, whether the mother takes the child along.

It's hard to say beyond that, but we don't deport citizens because we don't like their parents. Birthright citizenship is in the Constitution.

[blackpanther 0]

Since K1 FIANCEE VISA is the only proper visa for you to use to enter the U.S. within 90 days for the purpose of marriage to the petitioner. You will then need to depart the U.S., obtain a K3 spousal visa at the U.S. Consulate in your country of residence and reenter the U.S. on the K3 visa in order to be able to remain in the U.S. permanently as your spouse. However, be aware that USCIS already raised a RED FLAG for you.

It's quite unbelievable that you and your fiance were stressing yourselves just to get you here and out of the blue you got kicked out from his house and stay with friend. Dredge up that your aforementioned fiance is still accountable for your deportation. Nevertheless, we don't need to chip in for your ticket

[Yodrak 7]

nancy,

If you want good and appropriate advice relevant to the specifics of your situation you need to discuss your situation with an immigration attorney, preferably an immigration attorney who specializes in family-based immigration rather than employment-based immigration.

That is for you and your attorney... if you want to find out, you going to have to have a consultation...

...

Yodrak, you have suggested some other option other than me going back. Can you please elaborate.....

As you have observed, most of what you're going to learn here at VJ is either not relevant or not entirely accurate. (The VJers had a warmup with Keith over the past few days and are at the peak of their game on morality issues right now.)

...

After reading through many posts here earlier and now, I can understand why some of you feel the way you feel about my situation. .....

Yodrak

Edited September 8, 2006 by Yodrak

[blackpanther 0]

superb advice

[Esha 0]

you have to go back and start over again, to tell you the truth I feel sorry for the guy spent his time bringing you over here. I think you need to give him a chance and give him the credit for using his immigratiion rights to bring you here. ouch, your breaking my heart.

[SirLancelot 1]

The child would be an American citizen and entitled to all the rights and protections thereof.

What that entails, exactly, would depend on circumstance; can they find the father or relatives, and so forth, whether the mother takes the child along.

It's hard to say beyond that, but we don't deport citizens because we don't like their parents. Birthright citizenship is in the Constitution.

No, I think you're mis-interpreting my line of questioning. I don't doubt for a second that the right of US citizenship is absolute for any babies born on US soil. What I'm trying to establish is that if the father doesn't show up to claim ownership of the baby and the mother is deported, what happens to the baby. Does the baby HAVE to go back with the mother? If the father remains in doubt, will the US government keep the child in the US and consider it abandoned or will it force the child to be deported back with the mother? Note, I'm not suggesting that the US government will deport the child, but because the child is still a baby, will they, by necessity, force the child to go back with the mother?

[blackpanther 0]

no wonder why your parallel folks been classified as exploiter...

[ChristinaM 0]

What I'm trying to establish is that if the father doesn't show up to claim ownership of the baby and the mother is deported, what happens to the baby. Does the baby HAVE to go back with the mother? If the father remains in doubt, will the US government keep the child in the US and consider it abandoned or will it force the child to be deported back with the mother? Note, I'm not suggesting that the US government will deport the child, but because the child is still a baby, will they, by necessity, force the child to go back with the mother?

Y'know, that's a good question, to which I don't know the answer but would like to.

[Traviesa 0]

They can't force the child to go back with the mother. If the mother is deported, and the father refuses his parental rights and obligations, the child will be considered orphaned, and placed into foster care. Depending on which country the mother is from, the baby may or may not have automatic citizenship of that country (also depending on whether or not that country requires births to be registered with a Consulate) and if so, may move to that country with the mother, if not, it will depend on that particular country's immigration laws as to whether or not the baby may come along.