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joshsinghvirk

Nephew US Citizen but Parents are not

By joshsinghvirk in Tourist Visas

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Boiler Grand Master

Boiler   45,514

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Filed: K-1 Visa Country: Wales
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As the child is not moving to the US until after High School who would look after the child until then anyway?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat
Crazy Cat

Based on what you posted, her previous visit shouldn't be an issue.  

Crazy Cat
Crazy Cat

A US citizen must be 21 years old to sponsor parents.........

Unlockable
Unlockable

Agreed. Shouldn't be an issue. The parents didn't do anything wrong.    People have a misconception that birth tourism is wrong. Anyone is free to come here and have a child if they have the

joshsinghvirk Contributor

joshsinghvirk   4

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9 minutes ago, Boiler said:

As the child is not moving to the US until after High School who would look after the child until then anyway?

His parents, as they took him with them after the delivery and after he is done with his HS he will come back to the US for his college (parents will sponsor him with his college as well)

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joshsinghvirk Contributor

joshsinghvirk   4

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1 hour ago, NigeriaorBust said:

  As long as they show stronger ties to the home country than the US. they should be able to get a visa.  That being said having a USC child no matter the ages ups their ties to the US.  What have they done to up their ties to their home country.

They both work for local county of their home country and are financially well established. 

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WeGuyGal Proficient

WeGuyGal   1,052

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Filed: Lift. Cond. (pnd) Timeline
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1 hour ago, joshsinghvirk said:

They both work for local county of their home country and are financially well established. 

Their ties (to India?) are not strong..  you said "I am curious to know is there any way the mother and her husband can get residential status now in the US, if they plan to come with the child who is now 5 yrs old now?"

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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SusieQQQ Grand Master

SusieQQQ   11,586

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Filed: Citizen (apr) Timeline
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3 hours ago, joshsinghvirk said:

They both work for local county of their home country and are financially well established. 

Financially well established people emigrate to the US all the time, and people can resign jobs.... I’m sure many on this board currently in the US have been there done that.

curious as to why they wanted their child born in the US?

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joshsinghvirk Contributor

joshsinghvirk   4

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1 minute ago, SusieQQQ said:

Financially well established people emigrate to the US all the time, and people can resign jobs.... I’m sure many on this board currently in the US have been there done that.

curious as to why they wanted their child born in the US?

It was not planned, husband and wife came for a wedding while the wife was in her 3rd/4th month of pregnancy but wife got some flu and was recommended by docs not to travel. Now both regret doing it because they are scared of not getting renewal tourist visa and worried if the petition they are waiting for might come under some complications as well.

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WeGuyGal Proficient

WeGuyGal   1,052

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Filed: Lift. Cond. (pnd) Timeline
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Birth tourism or not planned? 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Jenny17655 Community Regular

Jenny17655   284

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10 hours ago, NuestraUnion said:

Agreed. Shouldn't be an issue. The parents didn't do anything wrong. 

 

People have a misconception that birth tourism is wrong. Anyone is free to come here and have a child if they have the appropriate visa and funds/insurance to pay for the birth. It is when foreigners come here, have a child and leave without paying the bill or use government benefits to pay for the birth is when it is a problem.

As a health insurance navigator I see this from time to time. And they do come and have their babies for free. I wonder to myself if the US embassy realizes this when they try to renew tourist visa or do they just have all their babies within the 10 years

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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8 minutes ago, Jenny17655 said:

As a health insurance navigator I see this from time to time. And they do come and have their babies for free. I wonder to myself if the US embassy realizes this when they try to renew tourist visa or do they just have all their babies within the 10 years

Typically they will have it on file, and if any public funds were used, they will be deemed inadmissible.

it's certainly not always caught, but it is something they do look out for.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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WeGuyGal Proficient

WeGuyGal   1,052

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Filed: Lift. Cond. (pnd) Timeline
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I think the ds160 asks to list an applicant's children, and a USC kid on a B2 application should at the minimum alert the CO. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Unlockable Mentor

Unlockable   7,314

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Filed: Citizen (pnd) Country: Dominican Republic
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48 minutes ago, Jenny17655 said:

As a health insurance navigator I see this from time to time. And they do come and have their babies for free. I wonder to myself if the US embassy realizes this when they try to renew tourist visa or do they just have all their babies within the 10 years

Yeah, sometimes it gets caught and the foreigner's visa gets cancelled or they get denied entry.

 

Here are a couple of threads where it happened.

 

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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**Post contributing nothing to the discussion removed; either post constructively or do not post.**

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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SusieQQQ Grand Master

SusieQQQ   11,586

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Filed: Citizen (apr) Timeline
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4 hours ago, Orangesapples said:

Birth tourism, planned or not, is not illegal in any way. There's no law against entering the US with the intent to give birth there. If she's paid all her bills she's fine. 

Yup, the story doesn’t really hold together consistently but irrespective of that the above remains true.

the bigger problem for the visitor visa from what OP has been saying is that it seems that there is indeed some level of immigrant intent on the part of the parents, and they’ll need to overcome that.

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