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Filed: Country: Germany
Timeline
Posted

just found this forum while searching for more info. hi everyone.

im not sure if this belongs in here but since we dont want to do K1 yet....

im a US citizen and my child and her mother are german (we have already processed getting our child citizenship which was fairly easy), but now its proving a HASSLE to get her mother to come here to america for only 1 year visiting. we applied for a B2 and that was denied and now ESTA also and....anyone have some idea what can be done? she doesnt have any university education or 'professional skills' either.

*rant* i would have thought the US would be sympathetic to citizen with children and let them in easier....is it true the only way is to get married??! so they are seeing i cannot see my child unless i go to the country their mother is stuck in? sounds unbelievable. */rant*

Filed: Citizen (apr) Country: Poland
Timeline
Posted

just found this forum while searching for more info. hi everyone.

im not sure if this belongs in here but since we dont want to do K1 yet....

im a US citizen and my child and her mother are german (we have already processed getting our child citizenship which was fairly easy), but now its proving a HASSLE to get her mother to come here to america for only 1 year visiting. we applied for a B2 and that was denied and now ESTA also and....anyone have some idea what can be done? she doesnt have any university education or 'professional skills' either.

*rant* i would have thought the US would be sympathetic to citizen with children and let them in easier....is it true the only way is to get married??! so they are seeing i cannot see my child unless i go to the country their mother is stuck in? sounds unbelievable. */rant*

There very clear rules about immigration and do not see anything unbelievable there - there are visas available for the spouses to move to US which for obvious reason require paperwork. Only way it can be done is through K-1 or CR-1 (once you're married) visa.

Your child can get US citizenship through CRBA and join you, mother can't unless you want her and file for her for visas mentioned above.

If you do not want K-1, then it is totally your choice of not bringing her into US.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Your child can come and go freely, the mom has no way of doing so until the child is 21, unless you marry.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

just found this forum while searching for more info. hi everyone.

im not sure if this belongs in here but since we dont want to do K1 yet....

im a US citizen and my child and her mother are german (we have already processed getting our child citizenship which was fairly easy), but now its proving a HASSLE to get her mother to come here to america for only 1 year visiting. we applied for a B2 and that was denied and now ESTA also and....anyone have some idea what can be done? she doesnt have any university education or 'professional skills' either.

*rant* i would have thought the US would be sympathetic to citizen with children and let them in easier....is it true the only way is to get married??! so they are seeing i cannot see my child unless i go to the country their mother is stuck in? sounds unbelievable. */rant*

They won't give her a B2 or let her use the VWP because they don't think she'll leave when she's supposed to. They think she'll use the non-immigrant visa as a way to get around having to go through the immigrant visa process. She's got a boyfriend who is a US citizen, and US citizen child from that relationship. I can understand why they're concerned.

Your problem exists because there's an exception in the immigration law that allows the spouse of a US citizen to get a green card if they have been admitted to the US with practically any sort of visa. The law is clear that this is meant to be an exception rather than an alternative to immigrant visa processing. Unfortunately, many people have abused this exception because it's substantially easier and faster than getting an immigrant visa. This leaves US consulates and the CBP with the responsibility to try to detect people who would abuse this exception before they enter the US.

Your girl friend is a classic example of what the consulate is looking for when it comes to "preconceived intent to immigrate". She doesn't have strong ties to her home country, she has a motive to immigrate to the US, and the means (in the form of a US citizen boy friend) to get a green card after she arrives. By denying her a non-immigrant visa, the consulate is basically telling her to immigrate the "right way" by getting an immigrant visa or stating her intention to marry by getting a K1 visa.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: K-1 Visa Country: Wales
Timeline
Posted

Congrats on your upcoming nuptials.

“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.”

Filed: Other Timeline
Posted

Your child was born with U.S. and German citizenship. All he or she needs in order to come is a U.S. passport.

Since your girlfriend was denied ESTA and a B2 visa, you can be fairly sure that for the reasons Jim outlined, she won't be able to get any non-immigrant visa to the U.S., with the single exception of a K-1 (which is a non-immigrant visa by name only).

From your initial post I can safely deduct that you are most likely a German or former German as well, so you guys can vacation pretty much anywhere in the World together, and live in any European country that's part of the E.U.

When it comes to immigration into the U.S., however, the word of Jesus Christ, our Lord and savior, is still the law of the land: no unmarried couples, no homosexual couples, no people with poor moral character, and a child born out of wedlock doesn't help either.

Isn't the U.S. of A. the greatest country in the World?

:bonk:

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: Timeline
Posted

Your child was born with U.S. and German citizenship. All he or she needs in order to come is a U.S. passport.

Since your girlfriend was denied ESTA and a B2 visa, you can be fairly sure that for the reasons Jim outlined, she won't be able to get any non-immigrant visa to the U.S., with the single exception of a K-1 (which is a non-immigrant visa by name only).

From your initial post I can safely deduct that you are most likely a German or former German as well, so you guys can vacation pretty much anywhere in the World together, and live in any European country that's part of the E.U.

When it comes to immigration into the U.S., however, the word of Jesus Christ, our Lord and savior, is still the law of the land: no unmarried couples, no homosexual couples, no people with poor moral character, and a child born out of wedlock doesn't help either.

Isn't the U.S. of A. the greatest country in the World?

:bonk:

I agree with the paragraphs 1 to 3. I disagree with paragraph 4. I disagree that having a child out of wedlock would not help when it comes to immigration to the US. Sure looks like a bona fide relationship when a couple chooses to have a child especially when petitioning a spouse or fiancee.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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