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Thread: VWP and baby

  1. #1
    Hello everybody,

    I am a LPR and my wife is a citizen of a country that is eligible under the visa waiver Program (VWP).

    We have a new born baby. Could anybody please tell me whether she can travel to only visit me (for up to 90 days) under any/ or all the following premises?

    1)My wife and the little one would be travelling. Can they both travel to visit me? Would they require a permission letter from me “allowing my child to travel with her”? would that hamper her chances to get into the country?

    2)My wife travels on her own without mentioning myself.

    I would obviously prefer option 1.

    Thanks

  2. #2
    Whether the mother needs to have an affidavit from you allowing travel depends on the laws of the country of citizenship of the child.

    You wife will likely not be admitted on the visa waiver program because she is the wife of someone living here.

    She should apply for a visa and state to the American consular officer that she will not be trying to adjust her status in the U.S. Even then it is unlikely that she will get a visa.

  3. #3
    Federale86,

    Thanks for your answer. I see your point. HOw about if my wife travels alone? What I can see is that when she applies for authorization under ESTA or she fills out the I-94, there is no question about marital status, so we don´t need to convey this information. I don´t think she would be asked about it.

    Apart from that, my wife has not changed her last name into mine, so I don´t see how they can establish any bond between me and her (if she travels alone) unless she obvsiously says she is travelling to see me. She could be visiting another US citizen, a friend of her.

    Please advise on this nuance. Thks

  4. #4
    It looks like you are working abroad and would like to see your new born. Since your wife is a USC, as well as your child if he/she is born in US.
    They only need a U.S. Passports to travel.
    At the same time you have not said what counrty thet have to travel.

  5. #5
    my wife and baby are spanish citizens. I am LPR living in USA. And my question is whether my wife (with baby) will be sent back home when trying to visit US under VWP for a couple month.

    Thanks

  6. #6
    The officer will ask your wife who she is visiting. If she lies, she will be sent back. If she trys and adjusts, USCIS will know that she lied when she entered.

  7. #7
    .. whether my wife (with baby) will be sent back home when trying to visit US
    the fact is, nobody can tell you this for sure.

    Does she have a job? owns house? any other good reason to return home while her husband and father of the baby is in the USA?

    If she trys and adjusts..
    He is PR, she can't just adjust status.

  8. #8
    Thanks Aneri.

    What about if she only travels for up to three months without a baby. On the VWP there is no question about marital status nor it appears on the I-94.

    I guess that if she were asked whether she is married (may not need to happen) she could simply reply married to a Spaniard, but owing to protection data, an immigration officer can not ask to whom? Does he actually care what the name of her husband is? Unless I would have already filed an I-130, which I have not done. I only need 2.4 years of residence in the USA.

    Any further suggestion more than welcome. Many thanks

  9. #9
    The can ask any question they want. Even if you are married.

  10. #10
    Thanks Federale86.
    As Spaniards we do not usually face many difficulties entering the country since hardly anybody from Spain would have immigration intentions. (Compared to other countries).

    So in the case of being questioned my wife can only say yes, I am married to a Spaniard, but could they ask for the exact name of the husband? That is against the law I would believe.

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