American Son, Italian Mother

[ksrabs 0]

Hi! Just a quick question: I'm American and my son is American; his mother is Italian. We live in Italy and are not married. Is the only way for us to go back to the US as a family via marriage? There is no visa in place for the mother of an American citizen minor?

[Just Paul 4,595]

Either Marriage (or Fiance) or when he becomes an adult he can petition her.

[Crazy Cat 42,141]

2 hours ago, ksrabs said:

Hi! Just a quick question: I'm American and my son is American; his mother is Italian. We live in Italy and are not married. Is the only way for us to go back to the US as a family via marriage? There is no visa in place for the mother of an American citizen minor?

I suggest you marry ASAP and start the spousal visa process.  From filing to visa in hand will be about 12-24 months.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[Dashinka 24,744]

2 hours ago, ksrabs said:

Hi! Just a quick question: I'm American and my son is American; his mother is Italian. We live in Italy and are not married. Is the only way for us to go back to the US as a family via marriage? There is no visa in place for the mother of an American citizen minor?

No, there is no visa available for a parent of a minor child.