How to bring my infant daugter to USA with me

[tnawaz 0]

Hi,

I was born in USA and after a few years moved back to Pakistan with my parents. I have a 15 months old daughter with my husband. After we had gotten married, I had applied for my husband's immigration case in 2013 and last year he got his immigration visa and moved to NY in August 2015. He now has a stable job and I want to move to USA with our daughter.

Problem is that my application for our daughter's CRBA was recently rejected by Islamabad Embassy because I have not spent enough years living in USA. So my daughter does not qualify for CRBA.

Should I apply for a visit visa for my 1 year old daughter and change of status after we are in USA? Can I do that given that I have US Passport?

Or, I will have to apply for her immigration visa the same way I had applied for my spouse (I-130)? will I have to wait for ~2 years for this processing time before I can move to USA with my daughter?

Many Thanks

[EM_Vandaveer 2,417]

You need to file for an immigrant visa for her. It should not take two years, rather about a year to get it.

[teeak 224]

As the child of a USC, she does not need to wait for a visa to become available so it should not take 2 years. File the I130 and start the process. You're looking at roughly 1 year.

You cannot obtain a tourist visa for her and adjust her status in the US because that would be immigration fraud.

[canadian_wife 1,829]

Children (even infants) cannot use tourist visas as immigrant visas. You'll have to petition for am immigrant visa for your daughter like you did for your husband

good luck

[Harpa Timsah 13,258]

Your husband moved to the US without you? But his visa was obtained through marriage to you?

[tnawaz 0]

Thanks for quick replies.

@Harpa - yes & yes, my husband's visa was obtained through our marriage.

[Harpa Timsah 13,258]

Okay, that is also illegal/fraud.

Visas are for family reunification, and when you got his visa, you separated.

A part of the visa process is that you prove your intent to move back and you must enter the US before him or at the same time. Not sure why your embassy didn't check this.

I don't know if there will be repercussions for this, but your daughter will need her own visa, same process that you did for husband.

Edited June 20, 2016 by Harpa Timsah

[JFH 12,191]

An almost identical case, just a different country. USC also stayed in beneficiary's country with a baby that didn't qualify for citizenship and alien spouse immigrated alone. Must be happening more than we think. Surprised it's not been spotted by the officials yet.

http://www.visajourney.com/forums/topic/598905-child-of-usc/

Edited June 20, 2016 by JFH

[Harpa Timsah 13,258]

An almost identical case, just a different country. USC also stayed in beneficiary's country with a baby that didn't qualify for citizenship and alien spouse immigrated alone. Must be happening more than we think. Surprised it's not been spotted by the officials yet.

http://www.visajourney.com/forums/topic/598905-child-of-usc/

Hmm, possibly the same case with a fib about the country.

[JFH 12,191]

Hmm, possibly the same case with a fib about the country.

Was also my thought.... The similarities and the timing are very unusual.

[Boiler 46,144]

Sounds like it was the Husband. Very odd.

[NikLR 13,232]

Im gonna bet its the same couple.

[tnawaz 0]

sorry to disappoint all the betting people above...but the other is case definitely ours!

Thanks for all the help though. we have started working on 1-130 for our daughter.

[marymon 15]

Did you email or call Embassy to ask about it after they declined CBR?

My friend is just a LPR. She moved back to her country for 2 years.

Her daughter was born there.

She asked Embassy to what to do to get visa. They said no need to apply visa for her 1 year old infant.

They wrote a letter to show all immigration at airports.

It took 2 hrs to explain to pass boarding and immigration area.

They didn't have any problem at POE.

If you haven't done this, please try to ask embassy.

[NikLR 13,232]

Lpr is different than USC.