Not sure which route to go with Colombian wife

[john12 0]

I am born in America, lived my entire life there until I was early 20s. Since then I have traveled the world on my own dime. I'm recently married to a Colombian citizen. I am 27, she is 22, we just had a beautiful ceremony which was attended by my entire US family, and her absurdly huge family. In normal circumstances I would just go the normal route. However, she is now 14 weeks pregnant, and for obvious reasons I would like to have a baby in the USA. She has been denied twice since we met for a tourist visa, the firs time before we were married, and the 2nd time, a few weeks ago, after we were married. It all goes back to the strong ties to Colombia issue, being that she is 22, she does not own her house. She has a University degree, but as a self-employed photographer those aren't necessarily strong ties either.

In terms of trying to get her residency there are a few issues. First, the baby cannot be born in the USA given the usual time frame. Second, my tax issue. While finances are certainly far from a problem, having not having filed taxes since 2008 since I have been living out of the county would provide even a bigger issue. At this time I am trying to get in contact with tax lawyers and get it all squared away...but that also takes time. My question is, do you see any alternative route? Given my circumstances, being married would in the eyes of the government give her less incentive to leave the usa, and make her even more likely to get denied again. I had her apply to an accredited English University in the USA, and she got in. But do you think that she would be likely to get denied a Student visa? Am I missing something, is there an easier way to do this?

[john12 0]

Also,, after reading this, I sound a bit scatter-brained. I am, sorry, this is causing a lot of stress and I am very tired.

[Boggy1974 124]

1. I would say file the I-130 and go the CR-1 visa route.

2. No harm in going for the students visa. If she has admission and her tuition & board is paid for, she might get approved. Bring all those receipts as proof.

3. If #2 doesn't work out, she can have the baby in Colombia while the I-130 is pending. When the baby is born, you can file for CRBA for the child.

4. Get your tax issues straightened up. It will benefit you in the long run. Filing MFJ gets you to pay less tax and will help with prove of bona fides, including the child's crba.

5. This is related to #4 above. Get to do an amended tax returns going back to 2008? I think you can go back 4yrs only...? But look into that. I did it and you recoup substantial amount of money back that way.

However, you might end up paying back I don't know. It all depends on how much you were making.

Good luck!

[RhettVoe 282]

In order to get a student visa, she would have to convince a CO that she would be returning to Colombia after her studies...in other words, she has to meet the exact same requirements as those for a tourist visa, which she has not been able to do thus far.

[Boiler 45,898]

Did you mean an American University?

I do not know any English ones that operate in the US. There are British Schools but she sounds too old for that.

How were you going to pay for the Medical costs?