Tourist visa got cancelled, deported of overstay, have a US citizen baby, what to do next ?

[cyclone27 710]

You worked in the US without a work permit? I think there lies your problem.

[Transborderwife 4,666]

I worked too, a freelance job. Small money only 10-12 times while I cared for my baby. It's not mainly for financial reason. I just felt I wanted to be helpful and earning some money and not just living off my spouse.

Do you think that is the reason of expedited removal?

I told officer that the company hired international freelancers from their own countries too not hiring me because I was in the USA.

So now the story comes out. You worked illegally as well. Also if you're going to get a k1, stop referring to him as your spouse. That could sink you.

No, working wasn't a part of it unless you admitted to it. The ban is because you were attempting to live in the USA without a proper visa in their mind.

[Transborderwife 4,666]

Transborderwife

can I file waiver and new visa app together? Or waiver first and wait to get granted first then file for visa?

Should I just be fiance and later file fiance visa? Or marriage spouse visa. I read on here about comparison metrix and it looks like the marriage one,k3, takes much longer.

K3 is obsolete. Cr1 is what you'd be filing. It's your choice wether you marry or not. You file them together.

[Momandbaby2016 0]

I used to have SSN and worked years ago when I had J1. I realized that this time around in tourist visa I was able to be employed full time so I didn't look for it. This freelance job could be for traveller who works in their country or when they are on vacation. And it's not paying so much and not a real job like what I left it before.I think maybe because the company is a US company.

[IguanaCouple 26]

I worked too, a freelance job. Small money only 10-12 times while I cared for my baby. It's not mainly for financial reason. I just felt I wanted to be helpful and earning some money and not just living off my spouse.

Do you think that is the reason of expedited removal?

I told officer that the company hired international freelancers from their own countries too not hiring me because I was in the USA.

AFAIK, you are not allowed to make money in the U.S. even working online when you're on a B-1. It's immaterial if the company is based in the U.S. or your home country or in Burkina Faso.

A visitor visa is just that, for visiting. Not for working and making money regardless of who is paying you.

[Transborderwife 4,666]

I used to have SSN and worked years ago when I had J1. I realized that this time around in tourist visa I was able to be employed full time so I didn't look for it. This freelance job could be for traveller who works in their country or when they are on vacation. And it's not paying so much and not a real job like what I left it before.I think maybe because the company is a US company.

It's still illegal on a tourist visa.

[Boiler 46,047]

Have you filed US taxes?

[Ontarkie 14,444]

My two cents. Get married and go the CR1 route. I'm saying this as a mother who would never want to be separated from her child.

If you come on a K1 the risk of things not working out before the adjustment of status is filed or before you get the green card are too risky. You said you both want to work on your family, but you already have experience a rough go. If he changes his mind and you must return home. He could prevent you from taking your daughter back with you.

Get married first then come with your daughter. You will get your GC and you two can work on your marriage without the worry of AOS'ing.

[templeton 120]

I used to have SSN and worked years ago when I had J1. I realized that this time around in tourist visa I was able to be employed full time so I didn't look for it. This freelance job could be for traveller who works in their country or when they are on vacation. And it's not paying so much and not a real job like what I left it before.I think maybe because the company is a US company.

Yup, freelancer is the key term here. If you're self-employed and actively working to generate revenue while in the US then you would definitely be considered to be working in the US. Obviously a no-no while a visitor.

Edited April 27, 2016 by templeton

[thepostagestamp 16]

I am absolutely stunned and sickened at the people who are judging the OP for having a baby and asking her who "paid for the delivery" - you should be ashamed of yourselves.

How about all of the visa holders who pay millions of dollars of taxes per year and cannot claim benefits when they are needed? I paid taxes for 4 years in the US and when I was unemployed for 7 months I wasn't eligible to claim benefits from a system I have paid a significant amount of money into.

So, with that said, I paid for the delivery of the OP's child, probably several times over. So those who are scrutinizing her, get a grip of yourselves.

[Boiler 46,047]

I am absolutely stunned and sickened at the people who are judging the OP for having a baby and asking her who "paid for the delivery" - you should be ashamed of yourselves.

How about all of the visa holders who pay millions of dollars of taxes per year and cannot claim benefits when they are needed? I paid taxes for 4 years in the US and when I was unemployed for 7 months I wasn't eligible to claim benefits from a system I have paid a significant amount of money into.

So, with that said, I paid for the delivery of the OP's child, probably several times over. So those who are scrutinizing her, get a grip of yourselves.

The usual scenario is that visitors pop one out thinking that gives them some claim to US status at the cost of the taxpayer, then bleat about it not working that way.

[newacct 688]

Transborderwife

can I file waiver and new visa app together? Or waiver first and wait to get granted first then file for visa?

Should I just be fiance and later file fiance visa? Or marriage spouse visa. I read on here about comparison metrix and it looks like the marriage one,k3, takes much longer.

If you are going the fiance visa (K-1) route, you have to be petitioned with I-129F, have the petition be approved, and then when you go to apply for the visa, file I-212 with the consular officer.

If you are going the spousal immigrant visa (CR-1/IR-1) route, you need to first be married and be petitioned with I-130. I am not exactly sure when I-212 can be filed but there is information on the Internet that it can be filed while I-130 is pending instead of waiting until when you apply for the visa.

[thepostagestamp 16]

The usual scenario is that visitors pop one out thinking that gives them some claim to US status at the cost of the taxpayer, then bleat about it not working that way.

Boiler, I fully understand that this happens, and that is unfortunate. But immediately jumping down someone's throat who is trying to get some advice is just a disgusting way to behave. It is not up to anyone on this forum to judge or assume anyone else's intent.

[Unlockable 7,315]

Boiler, I fully understand that this happens, and that is unfortunate. But immediately jumping down someone's throat who is trying to get some advice is just a disgusting way to behave. It is not up to anyone on this forum to judge or assume anyone else's intent.

Not jumping down the OP's throat. It is, in fact, a legitimate question. It was asked because it could very well have been a cause of cancellation. There is another recent thread here where the poster was denied entry on a visitor visa for having a child at the tax payers expense.

It happens.

I am absolutely stunned and sickened at the people who are judging the OP for having a baby and asking her who "paid for the delivery" - you should be ashamed of yourselves.

How about all of the visa holders who pay millions of dollars of taxes per year and cannot claim benefits when they are needed? I paid taxes for 4 years in the US and when I was unemployed for 7 months I wasn't eligible to claim benefits from a system I have paid a significant amount of money into.

So, with that said, I paid for the delivery of the OP's child, probably several times over. So those who are scrutinizing her, get a grip of yourselves.

Paying taxes does not guarantee certain benefits.

And not all taxes that are paid are allocated to only one benefit. Taxes cover a broad scope. Schools, Police, Road Repair and cleaning, etc.

Edited April 27, 2016 by NuestraUnion

[thepostagestamp 16]

Paying taxes does not guarantee certain benefits.

And not all taxes that are paid are allocated to only one benefit. Taxes cover a broad scope. Schools, Police, Road Repair and cleaning, etc.

Of course not, but it's rich of people to try to shame someone who is just seeking advice.