married on vwp and have a son born in usa

[iliasrah 2]

Hello guys so here's my situation I'm a British Citizen and husband US Citizen and we have a son now he has both American and British passport

I went to USA on VWP in April 2014 to meet the guy I liked and his family ( his family visited us and the guy came twice, to London to meet me and my family

So when I went there I was stopped in the airport coz my ticket was for 5 months (I thought I'm British and could stay for six months! I really should have researched!) I said I will change the date which I did. Also I told them I'm visiting family friend. So anyways I went and decided to get married in May 2014 after seeing their house, life style.

We got married and I spent the 85 days with them visiting his sister in New York, and went to a few places.

GETTING MARRIED IN USA DOESN'T HELP YOU GET A STATUES WHICH I NEW SO WHY THE HELL IS IT A BIG ISSUE?

I came back found out I was pregnant (didn't want to get pregnant) so I stayed here for a while went back to USA because my father in law didn't see me so I went to meet him (August) while I was there we filed my i130 (September) but my husband was still a green card holder I stayed there for 80 days I went to the USCIS office talked to Immigration Officer about my situation she said there's nothing they could do but to just wait and she also said that since you are a British citizen you can come here on VWP and don't tell anything to officers in the US airport. So I went back to my home (November), stayed with parents.

I went again (January) to visit husband while I was still pregnant, because my husband was buying a house and he needed me there to support him and help him choose a house so I went and this was my third visit I was stopped at the airport and was kept there for more than 3 hours They asked me who I am visiting I said I'm visiting my husband and I m going back in two weeks coz my ticket was for two weeks I showed them my marriage certificate, the letter (notice from USCIS)

He was very rude and also checked my phone I was very upset and didn't want them to know anything more coz that would mess up my case then my husband whatsapped me saying "tell them you are pregnant and if anything happens to my baby you will be responsible for it" as soon as he saw that message he said okay you can spend the two weeks and then go back and apply for a non immigrant visa and come back to USA he changed his way of talking too. So when I went home with my husband we were looking for houses found a house and my husband said i dont want you to go and I want the baby to be born here under his supervision he changed the ticket and he later became a US Citizen (February) he called the USCIS and updated them and they had moved my case to a different category which meant they will work faster on the case so while that was in process my husband applied for I129F (March)

My son was born there and got my son passport as my visa was about to expire I came home with him and recently both my cases (i130 and i129f) approved and now its forwarded to the NVC.

I never researched and thought I was a British citizen and could stay in USA for up to 6 months also giving birth to my son was my husbands decision I preferred UK!

I'm just scared of the fact that I got married on VWP and US Consulate will question me and might deny my visa..realy if I new I would have never done it

I read in many places that US Consulate want to see if the marriage is real since we have a son and off course our marriage is real

Will US consulate ask me why I spent more time than I was told by immigrantion officeron my third visit? I had returned ticket for two weeks but changed it but I haven't over stay vwp

Will the consulate question me for marrying there? Really stressed out and sad for my husband for not being with his son and missing all the important bits.

What questions does the US consulate normally ask?

Will the consulate really ask why my son was born there?

Really I didnt want all this stress please write answers or anything you think I should know. Thanks alot!!

[canadian_wife 1,822]

Question, are you adjusting status or are you returning to the UK for your interview? Where are you right now?

In reality, they can ask you whatever thy want. The only stress you should feel is if you think that anything but the most honest answer is a good route to take. If they ask you why your son was born in the US - tell them it was your husband's decision. If they ask you why you stayed longer, tell them it was because you wanted to be with your husband. If they ask you why you married in the US - tell them you didn't want your husband to miss anything with the pregnancy. Why is this stressful? These are honest answers.

You are from a low fraud country so they probably won't drill you too much. They asked me why we married in Canada, when we were going to have kids, how often my husband visited me in Canada, and the rest of the questions were about me and then about my husband's financials.

Don't stress, chin up.

Good luck

[iliasrah 2]

Hi thanks for the reply yeah I'm in UK never over stayed vwp...n I'm stressed out coz i found out its not right to get married on vwp its kinda risky

[Hypnos 6,576]

Getting married on the VWP (or any other kind of visa) is not a problem; convincing CBP you intend to leave after it takes place might be, as you found out.

[canadian_wife 1,822]

Its actually not risky at all and lots of people do it. It is perfectly legal and totally fine.

You are doing the right things here.

Good luck

[Ryan H 3,812]

Moved from Adjustment of Status from Family Based Visas forum to IR-1/CR-1 Process & Procedures.

[HolliA 0]

Getting married on the VWP is no issue at all as many people here have stated. Me and my husband got married almost two years ago when he was visiting on the VWP. Never brought up during his interview at all. In fact they only asked him three questions XD

I hope everything goes well with the rest of your journey and that you are able to be with your husband soon. Good luck.

[MacUK 983]

One question.

When you told the officer at the airport that you was only visiting for two weeks and they eventually let you in, what date did they put in your passport for you to leave by?

[Boiler 45,519]

There is that.

You see so many posts about how nasty they are at the PoE but here is a classic case of somebody pushing it to the limit and beyond who was given way beyond reasonable doubt.

[iliasrah 2]

Hi thanks for the replies guys..MAC UK they didn't put any date on my passport that day only the day of entry I think or just a stamp thank you

[Boiler 45,519]

Now I think of it the VWP is 90 days or nothing.

Now I think of it the VWP is 90 days or nothing.

[mallafri76 1,012]

I also got married when visiting under the VWP. It's perfectly fine as long as you don't overstay. You will have no problem with your visa process because you married under the VWP. You did it just they way you were suppose to by going there to marry under the VWP and then leaving to continue the process in your home country.

[iliasrah 2]

Thankss for the replies becoming more confident!

[Anh map 2,098]

Having a child does not prove a legitimate relationship. Raising a child does. Now with a newborn you can't show much.

What you can / should show is a comingling of finances, joint accounts, his filing taxes as married, naming each other as beneficiaries in wills, etc. That along with the usual photos, chat logs,travel receipts, etc. shows the nature of your relationship.

Take some time, read the forums here on VJ, and prepare your materials.

Best of luck in your immigration journey.

[iliasrah 2]

Having a child does not prove a legitimate relationship. Raising a child does. Now with a newborn you can't show much.

What you can / should show is a comingling of finances, joint accounts, his filing taxes as married, naming each other as beneficiaries in wills, etc. That along with the usual photos, chat logs,travel receipts, etc. shows the nature of your relationship.

Take some time, read the forums here on VJ, and prepare your materials.

Best of luck in your immigration journey.

Thanks my is about five months old now..

I think he had my name on his taxes and we have medical insurance for me and my son and my husband together does that help aswel?