VN citizen with USC child

[WeGuyGal 1,052]

3 hours ago, PaulTheSheik said:

Yes it is possible. You are receiving inaccurate information. Your wife can receive initial entry for one year (it happens but not very usual) or an initial six months and file an extension before the six months expires.

 

https://www.law.cornell.edu/cfr/text/8/214.2#b_1

 

Permissible activities for a B2 visa include tourism or to visit family and friends. The  question is whether the consular officer and immigration officer will interpret what your wife is coming for (accompany your daughter and provide parental care for her while in school) as work, in which case it would be prohibited.

 

In my opinion you have little to lose (approximately $160 in application fees) by her applying and your spouse making clear to the consular officer her intentions. There are visa/immigration officers who will have no issue with the plan.

 

Remember VJ contributors are neither immigration attorneys nor immigration officers. 

Living (and not merely visiting) on a B2 is borderline abuse or misuse. Remember that a b2 visa is for short, temporary visits to the US, not for living 10-12 months. There's a reason CBP has set a maximum 180-day default admission period for B2 admission. 

 

There are visa/immigration officers who will have no issue with the plan. Haha

 

-posted by a VJ non-legal volunteer

[aaron2020 11,651]

6 hours ago, RocketElephant said:

 

 

From what I'm hearing from everyone is that there is no way to have my daughter go to the US for 10 months and have her mother accompany her while she's there. Is that correct? 

Your USC daughter can come to the US for 10 months.  Your wife can not.  There is only way for your wife to come and live in the US for 10 months, you have to come back to the US to live and petition her for a green card.   

[aaron2020 11,651]

4 hours ago, PaulTheSheik said:

Yes it is possible. You are receiving inaccurate information. Your wife can receive initial entry for one year (it happens but not very usual) or an initial six months and file an extension before the six months expires.

 

https://www.law.cornell.edu/cfr/text/8/214.2#b_1

 

Permissible activities for a B2 visa include tourism or to visit family and friends. The  question is whether the consular officer and immigration officer will interpret what your wife is coming for (accompany your daughter and provide parental care for her while in school) as work, in which case it would be prohibited.

 

In my opinion you have little to lose (approximately $160 in application fees) by her applying and your spouse making clear to the consular officer her intentions. There are visa/immigration officers who will have no issue with the plan.

 

Remember VJ contributors are neither immigration attorneys nor immigration officers. 

You're the one giving out inaccurate information.  

 

Entry for one year.  Ha.  Ha.  On what visa would entry be granted for one year?  

 

What would be a non-frivolous reason for an extension of a tourist visa to LIVE in the US?  

 

Regular VJ contributors with years of immigration experience knows a lot more than a guy who joined 3 months ago.  Contributors with real world experience.  Not a guy with Google who thinks he knows what actually happens at a POE.  

Edited April 19, 2019 by aaron2020

[RocketElephant 7]

Wow, a lot of additional opinions here. Obviously it appears that a Green Card is not for us. But, there are some things that have been stated here that I believe are factually wrong.

 

3 hours ago, Roel said:

Wife will not get one year entry. 6 months is a max. She does not have any special circumstances. She doesnt even plan to use her b2 Visa as a tourist which already is bad. Your post might be more harmful than anything. 

 

My wife has gotten her B2 visa twice before. Each time, the B2 was given for one year. She's been to the US and returned back to Vietnam which further lends her credibility in acquiring a future B2 visa. Although the visa is for 1 year, she must spend at least 50% of that time out of the country. So, with a 1 year visa, the maximum she could stay in the US is 6 months. If she were in the US, and not working but visiting family, then that's exactly what the visa is for. Just because she's not seeing the Grand Canyon every weekend doesn't mean she wouldn't be considered a tourist.

 

2 hours ago, Roel said:

She is already borderline violating her b2 visa.  

 

This situation is entirely hypothetical and we've done nothing but ask questions. So, if you could kindly watch your accusations of my family breaking US immigration law, I'd greatly appreciate it. Or, you can edit your post to use the subjunctive tense in English which mirrors the hypothetical-ness of this situation.

 

Thanks again all, but it appears I've learned all I can from this thread. 

 

 

[aaron2020 11,651]

4 hours ago, PaulTheSheik said:

There are visa/immigration officers who will have no issue with the plan.

 

 

Too stupid to be true.  

Yes, I am using a tourist visa to come live in the US with my USC daughter for 10 months.  Yes, visa/immigration officers will have no issue with the plan.

 

 

Edited April 19, 2019 by aaron2020

[mcdull 474]

try international schools

[aaron2020 11,651]

2 minutes ago, RocketElephant said:

Wow, a lot of additional opinions here. Obviously it appears that a Green Card is not for us. But, there are some things that have been stated here that I believe are factually wrong.

 

 

My wife has gotten her B2 visa twice before. Each time, the B2 was given for one year. She's been to the US and returned back to Vietnam which further lends her credibility in acquiring a future B2 visa. Although the visa is for 1 year, she must spend at least 50% of that time out of the country. So, with a 1 year visa, the maximum she could stay in the US is 6 months. If she were in the US, and not working but visiting family, then that's exactly what the visa is for. Just because she's not seeing the Grand Canyon every weekend doesn't mean she wouldn't be considered a tourist.  Living in the US is not a tourism activity.  Your daughter will be attending school.  This is living in the US.  It's not tourism.    

 

 

This situation is entirely hypothetical and we've done nothing but ask questions. So, if you could kindly watch your accusations of my family breaking US immigration law, I'd greatly appreciate it. Or, you can edit your post to use the subjunctive tense in English which mirrors the hypothetical-ness of this situation.  No one accused you of breaking the law.  What we said was what you want would violate the law and the terms of her visitor visa.  We told you what the danger would be if your wife went ahead with your plan to use the tourist visa to be in the US for 10 months. 

 

Thanks again all, but it appears I've learned all I can from this thread. 

 

 

 

[Crazy Cat 42,563]

5 minutes ago, RocketElephant said:

Wow, a lot of additional opinions here. Obviously it appears that a Green Card is not for us. But, there are some things that have been stated here that I believe are factually wrong.

 

 

My wife has gotten her B2 visa twice before. Each time, the B2 was given for one year. She's been to the US and returned back to Vietnam which further lends her credibility in acquiring a future B2 visa. Although the visa is for 1 year, she must spend at least 50% of that time out of the country. So, with a 1 year visa, the maximum she could stay in the US is 6 months. If she were in the US, and not working but visiting family, then that's exactly what the visa is for. Just because she's not seeing the Grand Canyon every weekend doesn't mean she wouldn't be considered a tourist.

 

 

This situation is entirely hypothetical and we've done nothing but ask questions. So, if you could kindly watch your accusations of my family breaking US immigration law, I'd greatly appreciate it. Or, you can edit your post to use the subjunctive tense in English which mirrors the hypothetical-ness of this situation.

 

Thanks again all, but it appears I've learned all I can from this thread. 

 

 

Your plan is full of holes......and risky.......your wife could be denied entry on any visit.........and there are practical issues like transportation, healthcare, etc.......your wife would be violating the terms of the B2 if she was "living" in the US.......which could easily be seen as such.

[RocketElephant 7]

You have clearly not read the thread very carefully. I began the post saying this:

 

7 hours ago, RocketElephant said:

I thought about my wife just using the B2 tourist visa (she's had it before), but I read that you need to spend 50% of the year out of the US. As the school year is approximately 10 months, I don't think the B2 is applicable for our case.

 

Then I said:

 

5 hours ago, RocketElephant said:

While I'll probably have to send my daughter to live with my sister for a year and send my wife for just a few months

 

That's a few months! Not 10, not a year, a few. Then another user posted this:

 

2 hours ago, Roel said:

She is already borderline violating her b2 visa.  

 

There is no 'would be' in that statement. It's a direct accusation of my wife violating US immigration law. Maybe this user's first language isn't English and doesn't know to use the subjunctive as you did:

 

10 minutes ago, aaron2020 said:

What we said was what you want would violate the law and the terms of her visitor visa.  We told you what the danger would be if your wife went ahead with your plan to use the tourist visa to be in the US for 10 months. 

 

See how the subjunctive tense functions to indicate an unreal situation?? Additionally, may I point out, I NEVER STATED THAT WE WOULD USE THE B2 VISA FOR 10 MONTHS!

 

Finally, 

8 minutes ago, missileman said:

Your plan is full of holes......and risky.......your wife could be denied entry on any visit.........and there are practical issues like transportation, healthcare, etc.......your wife would be violating the terms of the B2 if she was "living" in the US.......which could easily be seen as such.

 

All of this would be paid for by money earned in Vietnam. We could certainly send our daughter to live with my sister and have my wife go for a month in the beginning. Then my sister would get to claim my daughter as a dependent on her income tax. 

 

But, as if I cannot express this enough, all of this is hypothetical. I'm just exploring options here. As another user said:

 

19 minutes ago, mcdull said:

try international schools

 

This is also an option, it's just that the international schools are MUCH more expensive than renting an apartment in the USA. Hell, I could pay my sisters mortgage with how much some of these international schools want to charge.

[WeGuyGal 1,052]

16 minutes ago, RocketElephant said:

My wife has gotten her B2 visa twice before. Each time, the B2 was given for one year. She's been to the US and returned back to Vietnam which further lends her credibility in acquiring a future B2 visa. Although the visa is for 1 year, she must spend at least 50% of that time out of the country. So, with a 1 year visa, the maximum she could stay in the US is 6 months. If she were in the US, and not working but visiting family, then that's exactly what the visa is for. Just because she's not seeing the Grand Canyon every weekend doesn't mean she wouldn't be considered a tourist.

Getting a visa and using it are two separate beasts. A B2 visa could be issued for anywhere from weeks to 10 years, but admission into the US is at CBP discretion, and the default is 180 days. The first question at POE is usually 'Purpose of visit'. Try to have the wife say she plans to live in the US for six months and then seek additional months to live for the daughter's school year. She'd likely be put on a plane back. 

 

This situation is entirely hypothetical and we've done nothing but ask questions. So, if you could kindly watch your accusations of my family breaking US immigration law, I'd greatly appreciate it. Or, you can edit your post to use the subjunctive tense in English which mirrors the hypothetical-ness of this situation.     No accusations here. We're all just trying to offer a fair assessment of her chances based on your posting of facts. 

 

Thanks again all, but it appears I've learned all I can from this thread.     Good luck!

 

[Boiler 46,276]

Board would seem to be the obvious solution.

[aaron2020 11,651]

Best of luck.

 

Adios.  

[geowrian 22,338]

There is no reasonable expectation that a CO or CBP officer would grant a visa or permit entry for a year given the circumstances. That's a hail mary plan, and may end up jeopardizing her ability to obtain a tourist visa or visit in the future. The same goes for a plan to apply for an extension.

From a practical standpoint, what would even be the plan in terms of a return or ongoing ticket? Just show up at POE stating the intended stay is for 10 months and having no return ticket? That almost certainly is not going to have a happy ending.

 

Risky advice comes with consequences. Not raising those potential consequences is dangerous.

Edited April 19, 2019 by geowrian

[milimelo 4,572]

Pretty sure there are American schools in Vietnam. Send her to one there? 

 

Look up qsi Vietnam. 

[JC&BS 75]

11 hours ago, RocketElephant said:

Hello All,

 

Is it possible for a VN citizen with a US citizen child to get a green card to the US?

 

The reason that I'm asking is my wife (VN citizen) and I (US citizen) would like our daughter (dual US and VN citizen) to get some of her education in the USA.

 

I know we could do the CR1, but that would require me to go with them to the US. What we'd like is for my wife and daughter to spend a school year in the US and spend the summers in Vietnam. I thought about my wife just using the B2 tourist visa (she's had it before), but I read that you need to spend 50% of the year out of the US. As the school year is approximately 10 months, I don't think the B2 is applicable for our case. That's why I'm asking about agreen card.

 

So, is it possible for my wife and daughter to go to the US for a school year with my financial support from Vietnam?

 

Thanks in advance for your help!

Idk how old your child is and if you feel comfortable letting her fly alone. (This is under the assumption there is a layover after entering a major airport in US) Maybe have your sister fly to VN and all three fly to US. *If* your wife is denied entry at least your child and aunt can continue. 

 

 

Also, when I was learning a foreign language I had 1 hr sessions with native speakers via skype on italki dot com. Used it for 2 years. Not as great as forced immersion in the foreign country but it is something to look into in the meantime. 

 

Hope it all works out. All the best.