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Results 1 to 9 of 9

Thread: Getting Married but having child still abroad - HELP please

  1. #1
    I entered US on B1/2 visa but because small/big crisis (my fiance - US citizen - had) I applied for extention of nonimigrant status - form I539 - receipt date May 25th 2004 to help and suport him. So in other words now I am not supposed to leave the country. Honestly, in these days I did not have an internet access so I did not know this might take so long. Hopefully we are getting married in August but can you, please, help me:
    a) how can I bring my son (10 years) over here? Please, how long this may take?
    b) when and how can I get work permit and driving license?
    Thank you very much in advance, I am really desperate; and in addition all I hear from many people here is that I want to marry him on purpose ... which is bul****.

  2. #2
    I entered US on B1/2 visa but because small/big crisis (my fiance - US citizen - had) I applied for extention of nonimigrant status - form I539 - receipt date May 25th 2004 to help and suport him. So in other words now I am not supposed to leave the country. Honestly, in these days I did not have an internet access so I did not know this might take so long. Hopefully we are getting married in August but can you, please, help me:
    a) how can I bring my son (10 years) over here? Please, how long this may take?
    b) when and how can I get work permit and driving license?
    Thank you very much in advance, I am really desperate; and in addition all I hear from many people here is that I want to marry him on purpose ... which is bul****.
    さん,がんばれ!

  3. #3
    To answer your questions in reverse order:

    b) You will get your work permit around 90 days after filing for AOS. You can then apply for an SSN and DL.

    a) By circumventing immigration law you have created a bad situation for yourself. After you are married, your spouse can file an I-130 for a step-child (as long as the child was under age 18 at the time of the marriage.) After about two years, USCIS will adjudicate the petition. It will then go to the US State Department so your child can apply for an immigrant visa. If your spouse does not file for the child, you can do it yourself after you get a green card. It will then take an additional five years for the visa. There is no way to bring your child sooner. If you had entered the US as a spouse or fiancée, your child would have been able to accompany you.

  4. #4
    I did not want to circumvent immigration law; I did not enter US because I intended to marry him. I want to do so now - this is different. And - I cannot even go back now (my I539 is still pending). But what do you reccomend? I cannot live without my son for 2 years! Should I- after I receive the reply on my I539 - go back to my country (maybe we both together) and marry there? And than apply for spouse visa (he is even willing to adopt him)? PLEASE, tell me.
    さん,がんばれ!

  5. #5
    Honey, if I were you, I would get my son over here right away. BUT right after your marriage you HAVE to apply for I-130 and you child has to be included.

    Maybe I am wrong, but thats what I would do.

    Good luck.

  6. #6
    To qualify for a tourist visa, you had to apply at the US Embassy. The visa application asks your intent for visiting the US. The application asks for proof of your ties to your residence overseas. The application asks for ties to the US that would preclude you from receiving a visa. When you enter the US, Customs re-examines your intent as a valid visitor.

    And yet, you have a fiancé in the US, and you are trying to establish residency. I'm not blaming you for circumventing the law. It is ludicrous that it takes a year to come to the US legally as a spouse or fiancée. However, you have a child that will not be in the US with you for a long time if you stay here. Well, I guess I should say won't be here legally. Smuggling the child is an option, albeit illegal and very dangerous.

    Or you could go home. You boyfriend/husband can file for a K1/K3 visa. Your son would get a K2/K4 visa. It's you option, two years separated from your child or a year separated from your boyfriend/husband.

  7. #7
    Thank you, old man. You are a nice guy :-) and you understand. Yes, I did not know my almost fiance very well in the beginning of my stay in US ... I wanted to learn English, see more from the country AND know him better, yes. That was my original intention. But life is a change and this happens. So here goes the whole story, I think, you deserve to know all (details in private if you wish - believe me, you could make a nice movie out of it as many of my frieds alredy said).

    1) I legally entered US April 15th on B1/B2.
    2) Before April 30th I filled and sent out application I-539 to extend my tourist stay here until August; called the immigrations and I double-checked if now I am here legally I do not want to overstay. They said OK I hope this is truth. They also said that by the time they say Yes/NO to my application, I am not supposed to leave the country. Anyhow now it seems that (by checking processing times in Nebraska) they shall process it later than by the time I requested before.
    3) Anyhow this is not the point. Honestly, I applied because I wanted to support my boyfriend here and know him better too. Also learn English more and see something from the country (this is what I stated in my I-539). The problem is that he is running through extremely difficult divorce (despite the fact they had no children, his almost ex-wife did not work and they were together 1 year only she completely screwed him up; e.g. she took all the stuff from his house, money etc. and she is mentally ill too). I must emphasize that I am not the main reason for the divorce; I only speeded it up. So I wanted to help him on one side and know him better on the other; I hope this is not illegal.
    4) Recently we decided to get married after the divorce is final. The question mark is the best way how to do it. Honestly, I cannot force him to live in my country (I am from Czech Republic), so I must come to live over here. Even this is going to be extremely hard because I am leaving my management position over there and many other things, but we really love each other and he is worth of.
    5) Other important fact is that I have a 10 years old son in my country (now living with my ex-husband). My ex-husband is OK with the fact that my son will live over here; even he is willing to sign adoption papers on behalf of my future husband.
    6) So far I found 3 options (all three can be done after the divorce is final, of course):

    . Apply for K1 and K2 and wait 6-9 months for it (I shall go back to my country still do not know when)
    . Get married and apply for K3 ... this (as I found out) generally takes even longer
    . Get married (I do not know if matters whether over here or over there) and apply for K3 on US embassy through Direct Consular Filling. I must state that US embassy in Prague states that "Please note that American Citizens may file immigrant visa petitions for their spouses, children or parents directly at the U.S. Embassy in Prague." I have no criminal records at all (even not a a ticket for bad parking) and good health too (I think this is a condition).
    . (The other option like get married and apply for I-130 in US I even do not evaluate because it may end up with not seeing my son for some 2 years and this way is not perfectly legal too as it seems to me.)

    As I found out so far the DCF option could be the fastest way but so far I did not found many details even (confuses me even that petition I-129 is requested too), so ...

    My questions are:
    . Did I overstay my tourist stay? If yes shall this affect my future applications?
    . If I need to go home in emergency, what can I do?
    . Which option is the best from your perspective?
    . Can he file for K1-2/K3-4 for me and my son provided I am still in US because of pending I-539 application? E.g. provided the divorce is final before I receive the reply from USCIS?
    . What scares us both really bad is that during the waiting period we will not be able to see each other at all is there any chance for me coming over here just for visit on e.g. B2? (he can come to my country - no visa is required - but he is needs work hard now - as I said - his almost ex wife took everything and we are both in bad debt ... I can make some money but - what I can make over there is ridiculous and can only cover my expenses for living ... even on management position).

    I must say that we are not teenagers - I am 35, he is 48; the time is against us; we both had a very hard life before (I had a very sad 8-years marriage and than 5 years of relationship with a guy I supported in all ways with no gratitude and he treated me really bad; he was married for 21 years and his wife cheated him, than few years after she got divorced he remarried this ... well on this Earth is no expression for a woman like this. I do not hate her but she still treats him like a piece of S*). Life is life and we are both ready to go and pass this test - because we know we were born for each other. But, please, during this year of separation - is there any chance of seeing each other, just for a while? Furthermore - I most likely carry his child now (as I said, time is against us). Please, this is so hard.

    I must say - and I can speak for us both - we NEVER were as happy as we are now - never ever in our lives. I pray to God every day for the help and support - because - for the bad times we both had - I belive - we deserve to be little happy now ... or as soon as we can.

    Thank you, old man.
    さん,がんばれ!

  8. #8
    Rozum*m.

    It's not so bad if you're Czech. The bad scenario with the long wait won't apply to you since your future husband can file directly at the US Embassy in Prague.
    http://prague.usembassy.gov/consular/imvisa.htm

    You do not appear to have overstayed your visa. You have 179 days after the end of your admission (which should be extended by the I-539) before you would encounter problems if you left the US.

    If I was in your position, I would not consider either of the K visas. Go back to Czech (before hitting the 3 year bar), marry, and have your husband file at the US Embassy for both you and your son.

    Měj Se.

  9. #9
    No, tak to je tedy něco
    Přiznám se, že jen z*rám ... jak je svět malý. Ale to je fuk. Každopádně moc děkuji za radu - někdy je život vážně složitý. Jen posledn* dotaz ... mus*me se vz*t v Praze a nebo je to jedno? A kdy se vlastne mám vrátit? To je na me moc složitá angličtina. Chápu to správně, že na velvyslanectv* máme požádat o K3-4?
    Mej se fajn a děkuji ...
    さん,がんばれ!

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