Father of US child after divorce

[SteveC1829 0]

My wife and I live in Spain.  My wife is an American citizen.  We have a young child who was born here in Spain. Unfortunately we are getting divorced. I have fear that my wife will take our child to America after the divorce. If this happens is there a kind of visa I can apply for to be able to also move to US to be able to see my child.  I think my wife would cooperate to help this happen if she can, but she will not be able to sponsor me for a marriage visa if we are divorced.  We do not yet what the custody decision will be.  

[aaron2020 11,651]

Unfortunately, having a USC child under age 21 will not help you get a visa to live and work in the US.

 

Since you fear that your wife will take your child to the US, then you need to have this issue addressed in the custody decision.  

[Unlockable 7,315]

22 minutes ago, SteveC1829 said:

My wife and I live in Spain.  My wife is an American citizen.  We have a young child who was born here in Spain. Unfortunately we are getting divorced. I have fear that my wife will take our child to America after the divorce. If this happens is there a kind of visa I can apply for to be able to also move to US to be able to see my child.  I think my wife would cooperate to help this happen if she can, but she will not be able to sponsor me for a marriage visa if we are divorced.  We do not yet what the custody decision will be.  

Unfortunately, no. The only way is to apply for a visitor visa to come visit your child but that will be for short visits. Your child has to be 21 and over to apply for you. Simply having a under 21 US citizen child does not grant a parent immigration benefits.

[SteveC1829 0]

Thank you for your responses.   If in the future, I try to apply for another visa such as a work visa or student visa - would my situation count against me?  Would the possibility of "migrant intentions" be a reason to deny a student visa for example?

[Chancy 6,243]

11 hours ago, SteveC1829 said:

Would the possibility of "migrant intentions" be a reason to deny a student visa for example?

 

Yes.  Consulates would only grant student visas to applicants they believe will return to their home country at the end of their academic program.  As for work visas, it depends on which type.  But, you would not be able to apply for a work visa on your own.  A US-based company must sponsor you.

 

[Boiler 45,956]

Obviously something to discuss with your Divorce Layer but it would be unusual for a court to allow a spouse to disappear with the child in tow.