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Immigration Law Question: Visa Waiver Program Child Overstay

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  • Immigration Law Question: Visa Waiver Program Child Overstay

    Hi All, my situation is this...I am currently a permanent resident following my marriage to a US citizen last year, unfortunately that marriage ended a few months ago due to domestic violence & my husband and I are now separated...we have no children together (thankfully). I have since started a relationship with a friend thats a US citizen whom I have known for some time now and we are expecting our first child and planning to get married as soon as my divorce is through in April/May 2012.

    My problem is that I have an 11 year old child that is a UK citizen, she entered the US this past June for the summer but I would like her to stay here with me (she wants to stay too), the stamp in her passport says she must leave the US in a couple of weeks but I have been told by an online attourney that she can overstay & when my current partner and I marry next year he can file the I-130 & I-485 for her as his step daughter, and that the overstay wont really matter...is this true??

  • #2
    Hi All, my situation is this...I am currently a permanent resident following my marriage to a US citizen last year, unfortunately that marriage ended a few months ago due to domestic violence & my husband and I are now separated...we have no children together (thankfully). I have since started a relationship with a friend thats a US citizen whom I have known for some time now and we are expecting our first child and planning to get married as soon as my divorce is through in April/May 2012.

    My problem is that I have an 11 year old child that is a UK citizen, she entered the US this past June for the summer but I would like her to stay here with me (she wants to stay too), the stamp in her passport says she must leave the US in a couple of weeks but I have been told by an online attourney that she can overstay & when my current partner and I marry next year he can file the I-130 & I-485 for her as his step daughter, and that the overstay wont really matter...is this true??

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    • #3
      Wrong. He has to adopt the child, but she cannot adjust here as an illegal alien. She has to leave and wait overseas.

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      • #4
        Or he has to file 485 for you and her at the same time, but she is still here illegally and this shows fraudulent intent. And her application will be denied.

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