Married in the USA,had baby and had to leave before applying to GC

[Harsh_77 718]

After reading all your post and response, the best I can think of is check with DSO of your school, and only if you intend to attend school enter on F1.

If you use your F1 just to enter and then file for AOS it would be considered as immigration fraud and you don’t want to go down that road.

If this road looks difficult, then that road with the immigration fraud is going to be hell.

Best option is your spouse will have to file your i-130 asap and also he needs to talk to someone at USCIS and NVC(when you case gets there) and explain the urgency.

Still even in expedited process your case would not be processed in like weeks you will still need good 5-6 months easy.

So from child’s perspective if you looking to come back to US right away…. It does not seem to be possible.

[Boiler 45,558]

I am always slightly surprised that people studying in the US have such a poor grasp of the language. There was a post yesterday from someone who wanted to invite his Parents to his Graduation and it read like it had been written by a 5 year old.

Anyway:

There is no need for the OP to tell us anything.

I do not know if she has any other issues like a ban, struck me as being possible.

Just wondering how the PoE would take somebody married to a USC with a USC child turning up on a Student Visa... Might be an interesting conversation.

Can not say I know much about baby food, but like many foods it does vary by Country. Pretty sure I have seen the same comment about not being able to get in the US what you were used to in the UK.

If the child is not thriving and the speculation is that the child would fare better in the US then time for Daddy to get on a plane pronto. Which begs the question where Daddy is in this process. He sounds absent.

I would strongly suggest Daddy gets some Legal help.

[BzmommytoAmerican 8]

Dad is not absent he is in contact with us every single day multiple times a day. He does not even own a passport which we are working on it. Thank you so much for the help .

[BzmommytoAmerican 8]

And why would he not know whats going on if he had to sign her passports.

[mr and mrs 187]

Just wondering how the PoE would take somebody married to a USC with a USC child turning up on a Student Visa... Might be an interesting conversation.

CPB/INS/USCIS isnt aware that shes married to a USC since she never AOSed after her change of status. wonder if there will even be questions at the POE about marital status.

also, just because she has/may have a valid F1 doesnt mean she can use it to enter with the intent to immigrate, which is essentially what she would be doing. thats fraud. do not commit fraud. no matter the circumstance. she has been give a multiple entry visa to enter to STUDY.

Bz, dont get upset with the answers/comments you get. itd be much worse if you were hearing these things for the first time from an immigration official at the POE with a sick baby in your arms. knowledge is power. arm yourself to the teeth.

[BzmommytoAmerican 8]

What do you,ean you wonder if there will even be a question about the marriage? Good thing or bad thing?

[Boiler 45,558]

She have a letter from the Father giving the OK for the child to travel without him - Hague convention etc.

[BzmommytoAmerican 8]

You are right. He had to sign a bunch of papers so she could leave without me.

[LIFE'SJOURNEY 970]

You are right. He had to sign a bunch of papers

so she could leave without me.

This is the second time you have done this, if you are not the mother responding then please say so. I pointed this out before, and everyone just glazed over it.

he allowed her to leave. he is completely not familiar with immigration preocess

This was the first time, I caught it.

Edited December 19, 2011 by LIFE'SJOURNEY

[BzmommytoAmerican 8]

Yes he allowed my daughtervto leave

Caught what? Dont you have anything better besides trying to say what people said is not true.

[mr and mrs 187]

i think the third person her is in reference to the sick (girl) child. the OP is the mother.

[LIFE'SJOURNEY 970]

Yes he allowed my daughtervto leave

Caught what? Dont you have anything better besides trying to say what people said is not true.

If this is a troll, then yes I have caught something. Being that I wasn't trying to catch anything, but trying to get to the correct facts so the correct answers could be given back to you.

i think the third person her is in reference to the sick (girl) child. the OP is the mother.

No, I was not referring the third person, if you would go back and read in what content these post were made, you would understand better.

[BzmommytoAmerican 8]

Sure .. i am a troll lol. You guys are really funny. Thank you for the help. I dont think someone would lose their time coming up with a story for fun. Specially about a sick baby.

Also i am on my ipad so sometimes i have autocorrect on that writes things i did not actually wrote.

[Darnell 8,478]

So, yer good then, right? you read my bit about writing an expedite request letter, and you've planned to put it in with the I-130 packet that yer husband is currently prepping back in the USA. Right ?

[BzmommytoAmerican 8]

Yes. Done and done. Also adding a letter from her pediatrician and gastro. Thank you