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VWP and baby

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  • VWP and baby

    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.


  • #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

      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
        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
          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.



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


                  • #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.


                    • #11
                      I was once asked who I am visiting in the USA, relation to that person and if he/she is US citizen... I used VWP.


                      • #12
                        As I said before CBP Officers can ask any question they want. Since you have been married for some time any attempt to adjust status here after admission will be denied by USCIS for fraud.

                        Just follow the law.


                        • #13
                          Yes, they can ask any question they want such as who you're visiting and (in fact) it's fairly common. If she lies and gets caught out, it could affect her chances of returning or getting a green card later.

                          The fact of the matter is that because she's married to an LPR, she is considered an overstay risk. Traveling with or without your newborn makes no difference to that and as Aneri said, it may be an issue and it may not. There's no way of knowing. Her best shot (if questioned) is to be honest and to bring plenty of evidence of strong ties to her home country to prove that she will return - current and ongoing mortgage/lease, employment, financial ties etc etc. She should carry this in her hand luggage.

                          Good luck
                          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch


                          • #14
                            HA HA HA this is RICH!!! and I quote:
                            Posted 03-31-2010 07:45 AM.
                            "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)." For the last TWENTY (20) YEARS smelly spaniards have INVADED (once again) the coutries from mexico to argentina. And with your undesired invasion, you people have collapsed those economies, i.e. communications, banking, agriculture, education, and everything else under the sun. I have an intolerance for ignorance, or, as in your case, being SNEAKY. See how you went around like a snake in asking your question?


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