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b2 visa holder with US citizen child

By Gadogado in Tourist Visas

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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

So i just talk to her moments ago, she said she will apply for F visa because she actually wanna study here. And Im the one who will ask the information to the school. Do you think it would be worst situation to the CBP seeing F1 student with US citizen baby? She said she can proof that she return to the US not for staying illegaly. She even pick opposite coast from her ex bf to find a school

Why not just apply for a visa that she really wants.. and find out?

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Mollie09
Mollie09

Your friend has already committed fraud once, tell her to quit while she's ahead.

NikLR
NikLR

Proof that she MUST return home. No her USC son is not proof of her ties to Poland. Its actually the opposite. https://help.cbp.gov/ci/fattach/get/46680/0/filename/Intentions+and+Ties.pdf

JFH
JFH

Which country is she from? I was reading your post assuming she was Japanese but Japan is part of the VWP so a B2 wouldn't be needed. They let her in before in the advanced stages of pregnancy and wi

Gadogado Rookie

Gadogado   0

Posted
Filed: IR-2 Country: Japan
 Timeline
  • Author
Posted

Your question is about POE - rather than visa -- the answer is yes she will be questioned (but not necessarily be denied entry on the spot) but again definitely the Immigration Officers would question and investigate the nature of circumstances why she is returning and why is the child an american citizen. My advice, it is going to be very tough. The mother may have a hard time getting in even with a B2 visa (nor getting a F visa would not solve the issue) but the child has all the right and privileges because he is a US citizen. Plus you mentioned they are not in a relationship anymore. No one really can tell in this forum this is going to be valid. Good luck and think very well the circumstance.

Thanks for your positive respond. And yes i just talk to her moments ago and she said she will apply for F visa because thats the other reason why she wanna back here it because she wants studying and she can proof it.

Why not just apply for a visa that she really wants.. and find out?

Thats what she is going to do

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Why are you doing all her research? If she wants to get to the USA (and it appears that she is desperate to do so) suggest she come onto the website herself and read the guides to find the visa that is the most suitable for her circumstances.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Gadogado Rookie

Gadogado   0

Posted
Filed: IR-2 Country: Japan
 Timeline
  • Author
Posted

Why are you doing all her research? If she wants to get to the USA (and it appears that she is desperate to do so) suggest she come onto the website herself and read the guides to find the visa that is the most suitable for her circumstances.

Because she asked me for help. Also she is very busy with her school plus taking care of her son.

zkt101 Explorer

zkt101   38

Posted
Filed: Country: Brazil
 Timeline
Posted (edited)

As long as she doesn't owe money to the US government, and she wants to study in the US, she should be able to apply for a student visa, she still has to prove the ties to her home country, and her abilities to support herself and her son/daughter while studying in the US. If she is able to satisfy all the requirements to get the student visa, I don't see the reason why she will be denied entry to the US.

Edited by zkt101
kzielu Experienced

kzielu   1,149

Posted
Filed: Citizen (apr) Country: Poland
 Timeline
Posted

Why are you doing all her research? If she wants to get to the USA (and it appears that she is desperate to do so) suggest she come onto the website herself and read the guides to find the visa that is the most suitable for her circumstances.

Because very clearly OP is the "friend". User name points out to that too (pretty clear for somebody with PL origins).

NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Lol i dont get it but anyway whatever tho!! In fact im here in the louisiana state and its 4.45pm current time

Have a nice vacation? Oh is your profile correct? Maybe you live in LA that state not City?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

As for your friend, she may or may not be able to enter. She certainly can't enter with intent to stay. Generally an F-1 student visa requires enrollment in school already.

https://travel.state.gov/content/visas/en/study-exchange/student.html

However the USCIS actually does allow for a change of status. https://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status-category/change-my-nonimmigrant-status

But again.. up to the CBP to decide if she's trying to stay or actually wants to visit... etc..

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Gadogado Rookie

Gadogado   0

Posted
Filed: IR-2 Country: Japan
 Timeline
  • Author
Posted

As for your friend, she may or may not be able to enter. She certainly can't enter with intent to stay. Generally an F-1 student visa requires enrollment in school already.

https://travel.state.gov/content/visas/en/study-exchange/student.html

However the USCIS actually does allow for a change of status. https://www.uscis.gov/visit-united-states/change-my-nonimmigrant-status-category/change-my-nonimmigrant-status

But again.. up to the CBP to decide if she's trying to stay or actually wants to visit... etc..

Im 200% sure that she intend to come to US only for school beside meeting her son with his dad. Because their relationship is no longer exist. And yeah ill start to go to the school that she interested in to get the informations for post doctoral enrollment. Anyway thanks for your answer, as a friend i only can wish her the best of luck.

Mrs. Wild Explorer

Mrs. Wild   87

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted

Yeah but this time she really wanna study here in US plus bring her son to see his father and she can proof it.

She needs proof that she will return to Poland, not proof of what is taking her to the US. I would think bringing her son to see his father would show a tie to the US, unless they had return tickets and a lot of proof that she will be returning to Poland after their visit.

USCIS

Sent I-130.........05/28/16

USPS Delivered.....05/31/16

Check cashed.......06/03/16

NOA1...............06/03/16

NOA1 (hard copy)...06/10/16

NOA2...............08/08/16

Gadogado Rookie

Gadogado   0

Posted
Filed: IR-2 Country: Japan
 Timeline
  • Author
Posted

She needs proof that she will return to Poland, not proof of what is taking her to the US. I would think bringing her son to see his father would show a tie to the US, unless they had return tickets and a lot of proof that she will be returning to Poland after their visit.

She is planning to enroll the 2017 summer class which is have to be registered before end of november 2016. So beside the return ticket to poland can you tell me more sample of proof?thanks
 
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