Help needed with Immigrant Visa Application

[sergiosr 0]

Hello,

I have been living in Europe with my US Citizen wife for the last 5 years (we've been married for 6 years and our first year together we were in the United States).

4 years ago we had a daughter (also a US Citizen)

I am applying for a Green Card through my wife and we are very close to getting it. We submitted the DS-230 and I-864 forms to NVC and now we are waiting for their review and if all goes well we should have an interview date soon in the US Embassy in the country we live in.

The problem is that we have just decided to separate after realizing that we have not been happy living together (to say it in a simple way).

What should we do now? Do we tell the NVC that we have decided to separate? Will I still be eligible for a Green Card (since there is no doubt that our marriage is real). On the other hand would it be possible to restart the process and get a green card through my 4-year old US citizen daughter?

Please advise!

Thank you!

[aaron2020 11,651]

The entire purpose of family based immigration is family reunification.

You are only eligible for a green card through your wife if you currently have a bona fide marriage. What you had in the past is the past. Your current situation is that you are parting ways, so you don't currently have a bona fide marriage for immigration purposes.

A US citizen must be al least 21 years old to petition a parent, so you cannot get a green card through your daughter for another 17 years.

Your only chance at a green card is to reconcile with your wife.

[sergiosr 0]

Dear Aaron,

First of all thank you for your answer.

I don't intend to live with my wife anymore but I still intend to move to the United States so that my daughter is raised by both her parents (even if they are separated). Does that make sense? I mean I think every child needs both of its parents to grow up.

My wife really wants to move to the United States and if I cannot get a green card anymore that means that my daughter will be raised either in the states without her father or in Europe without her mother.

There must be a solution! Please help.

Thank you

[Merrytooth 5,748]

You can try getting a work visa to USA if you qualify.

Or else your daughter has to split her time living with Mom in US and Father in Europe.

If you don't intend to live with your wife and have no bona fide marriage anymore, then you should not continue to proceed with green card interview.

[aaron2020 11,651]

Dear Aaron,

First of all thank you for your answer.

I don't intend to live with my wife anymore but I still intend to move to the United States so that my daughter is raised by both her parents (even if they are separated). Does that make sense? I mean I think every child needs both of its parents to grow up.

My wife really wants to move to the United States and if I cannot get a green card anymore that means that my daughter will be raised either in the states without her father or in Europe without her mother.

There must be a solution! Please help.

Thank you

Unfortunately, there isn't a family based immigration solution for you given your current situation.

The choice to raise your child together in Europe or moving her to the US is between you and your soon to be ex-wife. Having a US citizen child does not give the non-US parents any rights to live in the US. The US gives automatic citizenship to any child born here even if the parents are both foreign. The rule that you cannot gain any immigration benefit through your daughter is to prevent people who think a US citizen child is the key to the parents' immigration to the US; the anchor baby phenomenon. Unfortunately, you are caught in this scenario. The way US Immigration looks at it is that you have the option to raise your child together in Europe, and any family separation caused by your choice to let her move to the US is your problem. Not an elegant solution to the anchor baby situation, but its the one in place.

You could go for a work visa. However, they are incredibly hard to get. You need a university degree and a US employer willing to go through the process. The next H1b window starts on April 1, 2014. The yearly allocation for H1b visas were gone in 5 days. It's highly competitive.

So, essentially it's your and your soon to be ex-wife's choice; raise your daughter together in Europe or one of your raising her with the other parent living overseas.

Sorry.

[sergiosr 0]

Dear Aaron,

This is so unfair.

My US Citizen wife followed me to Cyprus (my country) 5 years ago. Our child was born in Cyprus 4 years ago and we immediately went to the US Embassy and they issued a birth certificate of a US Citizen born outside the US for our daughter and of course since her mother is 100% American (born a US Citizen in United States from US Citizen parents) she also became a US Citizen and got a US Passport.

My wife struggled living in Cyprus and now that we are separating she really wants to go back home. And of course she wants to have her daughter with her. And of course her daughter also needs her father! But, if I cannot get a work visa I won't be able to be with my daughter until she is 21. Or my wife has to live in Cyprus against her will until our daughter is 21.

In other words the system is punishing firstly my daughter who cannot live in the United States with both her parents and secondly my wife who wants what is best for our daughter and for that she might have to stay in a place she hates for the next 17 years. Unbelievable!

The anchor baby phenomenon should be applied in a situation that both the parents are non-US and it's obvious that they want to benefit by having a child in the United States.

[Penguin_ie 5,996]

Anchor babies cannot do anything until they are 21 either.

You may qualify for the Diversity Visa Lottery, look into that. Other than that, you can spend some time each year in the USA with the visa waiver program, but cannot live or work there. Maybe your daughter can come live with you during the holidays.

[kzielu 1,149]

My wife really wants to move to the United States and if I cannot get a green card anymore that means that my daughter will be raised either in the states without her father or in Europe without her mother.

There must be a solution! Please help.

Thank you

No solution based on family immigration. Sorry.

[Boiler 46,132]

I may have missed it but does not your soon to be ex need your permission to take the child to the US?

[Lingladyinred19 13]

why not just get the Green card and after that change it in removal condition... talk to you wife! just continue the application once, so that you can enter here in the USA..

worry after you receive the GC... this is only my idea..

good luck

[sergiosr 0]

I may have missed it but does not your soon to be ex need your permission to take the child to the US?

Of course she does. But even though we are separated I love and respect her so I don't want to make her stay in Europe against her will for the next 17 years. She really misses home and wants to go back. So ideally all 3 of us should go to the US.

why not just get the Green card and after that change it in removal condition... talk to you wife! just continue the application once, so that you can enter here in the USA..

worry after you receive the GC... this is only my idea..

good luck

Can you please explain what do you mean by changing it in removal condition?

Thank you.

[Harsh_77 718]

why not just get the Green card and after that change it in removal condition... talk to you wife! just continue the application once, so that you can enter here in the USA..

worry after you receive the GC... this is only my idea..

good luck

Not disclosing the fact would be fraud.

[aaron2020 11,651]

why not just get the Green card and after that change it in removal condition... talk to you wife! just continue the application once, so that you can enter here in the USA..

worry after you receive the GC... this is only my idea..

good luck

Why not? Because it's visa fraud. Misrepresenting their relationship for a visa is fraud.

[Boiler 46,132]

Of course she does. But even though we are separated I love and respect her so I don't want to make her stay in Europe against her will for the next 17 years. She really misses home and wants to go back. So ideally all 3 of us should go to the US.

Ideally does not work UNLESS you have a way of moving independently. Job transfer for example.

You hopefully realise that if the child moves to the US then it will be US Jurisdiction issue and you most likely can kiss your rights goodbye.

[Mark88 184]

I agree with the above: In theory if you misrepresent your case you are commiting visa fraud.

But on a personal note: If you want to move to the US too, not only to be close to your child, but to make a life there, you and your wife should suck it up for a year and get the green card.