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jordanross7

Wife and son came on a tourist visa

By jordanross7 in Adjustment of Status from Work, Student, & Tourist Visas

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Anh map
Anh map

The child cannot be issued a visa or green card if it has a claim to US citizenship. Once they return home your spouse can file the CRBA at the US embassy to obtain a US passport for the child. You

VanessaTony
VanessaTony

You had your US citizen son enter on another passport, which isn't legal (friend of mine got into trouble for it because she didn't know). Were they asked any questions when entering? Entering with im

EM_Vandaveer
EM_Vandaveer

People, please! It is legal to adjust on VWP/ESTA if at the time of entry there was not an intent to stay, but circumstances changed. It's not USCIS turning another cheek, they must operate within the

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

The child cannot be issued a visa or green card if it has a claim to US citizenship.

Once they return home your spouse can file the CRBA at the US embassy to obtain a US passport for the child. You can file the spouse visa petition any time, no need to wait for them to return to their country.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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jordanross7 Newbie

jordanross7   0

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Filed: Country: United Kingdom
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The child cannot be issued a visa or green card if it has a claim to US citizenship.

Once they return home your spouse can file the CRBA at the US embassy to obtain a US passport for the child. You can file the spouse visa petition any time, no need to wait for them to return to their country.

My wife and I were married in the UK last year, and I came back to the States - so she came on a ESTA tourist visa with my son - who was born in the UK.

My son is here in the states, came with my wife but was born in the UK.

Can I get a US passport for him here in the states and then file the spouse visa petition while they are here?

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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
 Timeline
Posted (edited)
Can I get a US passport for him here in the states and then file the spouse visa petition while they are here?

File CRBA (at the US embassy in UK) for your son so he can claim US citizenship and be issued a US passport.

Edited by apple21

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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VanessaTony Grand Master

VanessaTony   3,567

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Filed: Citizen (apr) Country: Australia
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I can't file a I-130 form and then file an adjustment of status, since my wife and 6 month son came on an ESTA tourist visa from the UK.

What is the proper way to go about this?

You had your US citizen son enter on another passport, which isn't legal (friend of mine got into trouble for it because she didn't know). Were they asked any questions when entering? Entering with immigrant intent is illegal. I'm sure if they were truly just visiting your wife has things to wind up in the UK.

There is no appeal if your wife is denied. They should return to the UK, file a CRBA for the child, an a CR-1 visa for your wife. You are able to try and AOS from within the US, it costs $1490, plus a medical, and like I said, no appeal if denied.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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jordanross7 Newbie

jordanross7   0

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Filed: Country: United Kingdom
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You had your US citizen son enter on another passport, which isn't legal (friend of mine got into trouble for it because she didn't know). Were they asked any questions when entering? Entering with immigrant intent is illegal. I'm sure if they were truly just visiting your wife has things to wind up in the UK.

There is no appeal if your wife is denied. They should return to the UK, file a CRBA for the child, an a CR-1 visa for your wife. You are able to try and AOS from within the US, it costs $1490, plus a medical, and like I said, no appeal if denied.

He is born in the UK and has a UK passport and is not a US citizen,I am not sure how you understood that.

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apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted
Can someone file the CRBA for us at the US embassy in UK, since we are all here in the states?

Refer to this: http://london.usembassy.gov/cons_new/acs/passports/robirth4.html

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

For your wife: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=10093e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=10093e4d77d73210VgnVCM100000082ca60aRCRD

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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jaycali Experienced

jaycali   415

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Filed: Timeline
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ESTA is not a visa, it's an authorization for visa-free entry for tourism purposes. It's called the visa waiver program, and one of the things you waive by entering is the right to adjust status, the right to file for extensions and the right to appeal any decision.

On paper, it is thus not possible to adjust status. In reality, many USCIS local offices turn the other cheek and do it anyway. Depending on the local office, trying to adjust can be risky, but is by no means uncommon. Most filers have no trouble, some end up in removal proceedings with no right of appeal.

I would probably file a form I-130 yesterday and begin the CR-1 process and have your wife file a CRBA for your son at the embassy in London when they return. Your son is eligible for US citizenship.

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EM_Vandaveer Experienced

EM_Vandaveer   2,387

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Filed: Citizen (apr) Country: Hungary
 Timeline
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People, please! It is legal to adjust on VWP/ESTA if at the time of entry there was not an intent to stay, but circumstances changed. It's not USCIS turning another cheek, they must operate within the law, if it was not allowed to AOS on VWP, then nobody would be approved in those circumstances, right?

Me and countless others did it without problems. Yes, if you are denied you cannot appeal, but you can still go home and apply for a spouse visa.

It is not that bad, clearly, OP states that they can't AOS, meaning their intention was not AOSing at POE, so they are fine.

As to the son, I would do an infopass. Maybe they can file an N-600 for him, based on his birth certificate, then he would receive a certificate of citizenship.

OP, check out this guide: http://www.visajourney.com/content/i130guide2

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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