Some real advice please

[kitkat1 5]

In the case of the woman holed up in the church, there is no father in the picture - in fact I think he's in Mexico but I'm not sure. It appears she has two choices - leave the child in the care of a relative in the US, or take the child home with her to Mexico. She has already indicated that if they deport her again, the child will go with her (he's 7). The US government cannot force the child to be deported to be with the mother because he's a USC - her argument seems to be rooted in there somewhere - that she should be allowed to stay because of the child.

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?

[Traviesa 0]

Ok for some reason I thought this was a baby...

[Peil 1]

Wow...kind of a slap in the face for your fiance. He goes thru all this trouble to bring you here, no doubt paying your plan ticket supporting you and you run off with the first guy you meet when you get here. Pretty low if you ask me. I think if you do stay here illegaly, which you probably will, your new fiance should at least pay your old fiance the money he is out for bringing you here. But if your new fiance is anything like you, im sure he wont do this or even offer to do this.

I think you should go back home though...we have enough backstabbing american women here, we dont need any more.

[SirLancelot 1]

In the case of the woman holed up in the church, there is no father in the picture - in fact I think he's in Mexico but I'm not sure. It appears she has two choices - leave the child in the care of a relative in the US, or take the child home with her to Mexico. She has already indicated that if they deport her again, the child will go with her (he's 7). The US government cannot force the child to be deported to be with the mother because he's a USC - her argument seems to be rooted in there somewhere - that she should be allowed to stay because of the child.

This is infact exactly the point I'm making. Now let me disclose that I don't agree with the end point, but the logic does seem to be there, given our laws. Obviously this wouldn't work on a practical level as you'd have millions more illegals coming over from Mexico just to have their babies here and then the mother would automatically become a citizen. But it seems to me that it's very hard to justify granting citizenship to a baby child, but not grant citizenship to the mother of that child.

[bebop + rocksteady 0]

How in the heck do you know any of this?

I agree, this situation is fishy, but to make unjustified assumptions is just ignorant.

Cass (bebop the great)

He goes thru all this trouble to bring you here, no doubt paying your plan ticket supporting you and you run off with the first guy you meet when you get here.

[Arnold_and_Joan 0]

I agree with all the posters here that say you should go back to Manila. Do not jeopardize your future realtionship or future chance to stay in the US by misusing the K-1 visa. If your current fiance really loves you, I think he'll go to Manila and start the paperwork. Unless of course his JOB is more important than you, then I would start thinking about getting back with the original person WHO MADE AN EFFORT to bring you here. If you're still unsure and still want to stay, take the other advice - seek professional help.

May not be similar to your case but I worked with someone before who got deported for marrying a USC for a green card. INS found out he already was in this country because of a previous petition. I don't know if the original petition was K-1 or K-3 but still he got deported. So don't take any chances - Seek advice or go home before you do anything you will regret later.

[kitkat1 5]

This is infact exactly the point I'm making. Now let me disclose that I don't agree with the end point, but the logic does seem to be there, given our laws. Obviously this wouldn't work on a practical level as you'd have millions more illegals coming over from Mexico just to have their babies here and then the mother would automatically become a citizen. But it seems to me that it's very hard to justify granting citizenship to a baby child, but not grant citizenship to the mother of that child.

It's hard to swallow the child being a citizen while the mother isn't allowed to stay. But the fact is that having a baby in the US doesn't give the illegal mother any rights. It's similar to the misconception that most of the country has about marrying a USC - that it gives the foreign spouse automatic citizenship. I don't have much sympathy for this woman because she had already been deported twice and received extensions - pretty unheard of. I have been wondering why she didn't leave Chicago before the deportation order date and relocate somewhere else in the US and try to start a new life. I realize she's an activist but it just doesn't strike me as the smartest move. Especially in a city where about a million other people are in her exact situation. I have students who are illegal because their parents brought them into the country 20 years ago illegally. Their own children are USCs but they cannot do anything until their children are 21 and can petition for them. Until then, their only option is to live under the radar or return to a country they have never lived in. In any event, in this woman's case, it appears that she will eventually be deported again and her son will go back to Mexico with her.

Sorry for hijacking the topic!

[mozplay 29]

Thank goodness for Yodrak's voice of reason in this thread. Geez.

Nancy, take the advice of Yodrak and a few others and see a good immigration lawyer and the best of luck to you, wherever your path leads you.

For the record - I feel in love with my own fiance within a month. When you know you know, regardless of what your immediate history is. I'm not defending the OP - just less anxious to jump to conclusions (which I often do).

Mo

[aussiewench 9]

WOW!! So many members that seem to know with 100% surety the events surrounding the OP's breakup with her former fiance. How lucky we are here on VJ to have such insight I could (but I won't) name many members that met, fell in love, then married within 3 months of having met. Some straight from another relationship. Fraud.....morally wrong.......Why? Love has no timeframe. The OP has asked for advice on what she can legally do......simple. The moral BS going on here in VJ at the moment is sickening. Push your morals someplace else......this is an immigration forum and unless someone is doing something illegal with full knowledge of that fact, then they are entitled to the same respect as anybody else asking an immigration question.

Nancy

I agree with Yodrak and the others that suggest a consultation with a family immigration attorney. All the best to you.

Edited September 8, 2006 by aussiewench

[desert_fox 32]

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.

Where do you guys come up with the #######??

It is not the policy of the US Govt to separate young children from their families. The mother is clearly removeable, and she is certainly allowed to take her child with her. The child is not being deported, and is entitled to a US Passport.

Its up to the mother to decide if she wants to take her child with her, or make suitable arrangements for someone else to take over guardianship of her child if she thinks it would be better for her child. It is her decision!!! The child does not suddenly become an orphan!

[SirLancelot 1]

For the record - I feel in love with my own fiance within a month. When you know you know, regardless of what your immediate history is. I'm not defending the OP - just less anxious to jump to conclusions (which I often do).

Did you simply fall in love within a month or get engaged to be married? I think there's a huge difference. One can fall in love in an instant: love at first sight. But no one ever talks about marriage at first sight.

And all of this doesn't change the fact that she came here on a K-1 visa petitioned by someone else and before that 90 days is up, she's already hooked up with another guy, ready to be married again? Now she has the gull to ask how she can circumvent the law to stay here permanently. Absolutely ridiculous!

I will judge in cases like these because it's despicable and it's screaming out to be judged. I'm allowed to have opinions. Everything thus far suggests she's ONLY looking to stay in this country (i.e. green card), not really wanting a true and sincere marriage.

Edited September 8, 2006 by SirLancelot

[AnchorsAweigh 0]

Hi

Frist i feel sorry for you and your ex,then i dont want to rude but people like you who only want immigration made lots of real couple get hard to be together case USCIS always be so careful now,a good idea for you now is go back to where you gone and start a new paperwork again,but one thing you have to remember that youll meet a real hard trouble to be approve again,i just wanna know how can you fell and out love so fast like that?just only in 3 months?anyone here think that a real love?for me i dont think so

goodluck

[bebop + rocksteady 0]

The first time I ever talked to Craig, we ended up talking about marriage and what it would be like to marry each other by the end of the conversation.

Cass (bebop the great)

Did you simply fall in love within a month or get engaged to be married? I think there's a huge difference. One can fall in love in an instant: love at first sight. But no one ever talks about marriage at first sight.

[aussiewench 9]

I here ya. We were more around the 2 week mark though

The first time I ever talked to Craig, we ended up talking about marriage and what it would be like to marry each other by the end of the conversation.

Cass (bebop the great)

Did you simply fall in love within a month or get engaged to be married? I think there's a huge difference. One can fall in love in an instant: love at first sight. But no one ever talks about marriage at first sight.

[mozplay 29]

For the record - I feel in love with my own fiance within a month. When you know you know, regardless of what your immediate history is. I'm not defending the OP - just less anxious to jump to conclusions (which I often do).

Did you simply fall in love within a month or get engaged to be married? I think there's a huge difference. One can fall in love in an instant: love at first sight. But no one ever talks about marriage at first sight.

And all of this doesn't change the fact that she came here on a K-1 visa petitioned by someone else and before that 90 days is up, she's already hooked up with another guy, ready to be married again? Now she has the gull to ask how she can circumvent the law to stay here permanently. Absolutely ridiculous!

I will judge in cases like these because it's despicable and it's screaming out to be judged. I'm allowed to have opinions. Everything thus far suggests she's ONLY looking to stay in this country (i.e. green card), not really wanting a true and sincere marriage.

We fell in love. We were not engaged in a month. But that does NOT mean that I did not know from the very start that we were fated to be together and had he have asked me then, I would have said yes. Besides, nobody said he/she proposed marriage on the first date, at first sight or even in the first month. Regardless, you don't know how, why, when or what happened with the OP. Being so judgemental only reflects badly on the one that is judging - not the one being judged.

Mo