Options for mother of an new-born US citizen and wife an adult US citizen

[rammstein]

Dear all,

I come here with a very interesting case (which my wife and I find to be very complicated). Some basics about us:

Migrated to the US (permanent resident/green card) in 12/2005.
Fell in love with my wife in 12/2008 in a foreign country.
My fiancee (foreign citizen) applied for a visit visa in 06/2009 & successfully got it (by telling that we are engaged and we need to be together more often as I am pursuing PhD).
I got my citizenship in 01/2011.
I applied for K1-visa in 01/2011 but then I got a nice job (postdoc) in the UK (where I am right now) and withdrew the K1 application.
We got married (registered our marriage) in 05/2011 (so that both of us can be together in the UK as husband and wife).
We are now expecting our baby in 06/2017 and will be moving back to the US in 08/2017.
I am looking for a job (academia) in the US.

Now, my baby will be a US citizen (offspring of US citizen, i.e., me) and I already am a US citizen. What are the options for my wife? She does have a visitor visa expiring in 2019. In 08/2017 (when we move to the US) the baby will be 2-months old and will need his/her mother. Can she just come along on visitor's visa and we apply for adjustment of status (if that is applicable) when in the US?

PS - Did notice a typo in the title - *Options for mother of a new-born US citizen and wife a US citizen

[newacct]

She will likely be denied entry if she tries to enter on a visitor visa with intent to adjust status while there.

You should file I-130 to petition her now. And after that's approved, she will go through consular processing with the US embassy in London to get an immigrant visa. In fact, since you have been residing in the UK for a while, I believe you can file the I-130 through Direct Consular Filing with the London embassy rather than with USCIS, and that will make the process faster. The process will probably be done around the time of your intended move.

[rammstein]

Newacct, we really thank you for the reply

--> Will they really deny entry given she has a 2month old US citizen with her? Where else will our baby go? The baby cannot go to the foreign country as (s)he doesn't have the visa or citizenship. Nor do we want the infant (& the mom) to go that country for health-reasons.

--> To file I-130, I need to show my workplace and salary in the US which I still don't know (am in the job market at the moment). I will only know about it for sure in 03/2017. Will 5-6 months be enough for a successful application?

[Adrian Gruber]

Dear all,

I come here with a very interesting case (which my wife and I find to be very complicated). Some basics about us:

Migrated to the US (permanent resident/green card) in 12/2005.
Fell in love with my wife in 12/2008 in a foreign country.
My fiancee (foreign citizen) applied for a visit visa in 06/2009 & successfully got it (by telling that we are engaged and we need to be together more often as I am pursuing PhD).
I got my citizenship in 01/2011.
I applied for K1-visa in 01/2011 but then I got a nice job (postdoc) in the UK (where I am right now) and withdrew the K1 application.
We got married (registered our marriage) in 05/2011 (so that both of us can be together in the UK as husband and wife).
We are now expecting our baby in 06/2017 and will be moving back to the US in 08/2017.
I am looking for a job (academia) in the US.

Now, my baby will be a US citizen (offspring of US citizen, i.e., me) and I already am a US citizen. What are the options for my wife? She does have a visitor visa expiring in 2019. In 08/2017 (when we move to the US) the baby will be 2-months old and will need his/her mother. Can she just come along on visitor's visa and we apply for adjustment of status (if that is applicable) when in the US?

PS - Did notice a typo in the title - *Options for mother of a new-born US citizen and wife a US citizen

Gruss Gott Ramstein, I'm not an attorney here so please understand that I answer only from experience and research!
First off you have the benfit of having a major USCIS presence in the uk AND i PROVIDE THE LINK FOR YOU:

https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office

Second, since you are a USC you enjoy the benefit of filing a petition on behalf of your spouse for "IMMEDIATE RELATIVE?SPOUSE" this provides you and your spouse certain benefits but not a visa, the petition only proves that your spouse is your immediate family. The petion barring complications takes appx. 5 months. After approval you can apply for spousal visa if desired as K3.
A K3 visa allows a spouse (husband or wife) of a U.S. citizen to enter the United States as a non-immigrant, and wait for the green card application process to finish. A K3 visa applicant must have an immigrant petition (I-130) filed on his or her behalf.
After entering the U.S. on K3 non-immigrant visa, the spouse of a U.S. citizen may file I-485 to adjust status, or wait for I-130 approval and go to a U.S. consulate abroad to obtain an immigrant visa. Both lead to permanent resident status (green card).
Alternatively, the spouse may choose to complete the entire process outside the United States, and enter the U.S. on an immigrant visa. She/he will become a permanent resident immediately upon entry, either in IR (immediate relative) status or CR (conditional resident, if the marriage is less than two years old).
I I were you I would immediately Petition for your spouse under the I-130 petition, here is the link:

https://www.uscis.gov/family/family-us-citizens

Once you have established immediate family you may have your spouse apply for Adjustment of Status.
The issue of a foreign born child born on foreign soil by a US parent is covered under the immigration acts of 1882 and 1924 and I would urge you to register the childs birth at the American embassy in the UK.
So you have a lot to consider and multiple variations.

[newacct]

A K3 visa allows a spouse (husband or wife) of a U.S. citizen to enter the United States as a non-immigrant, and wait for the green card application process to finish. A K3 visa applicant must have an immigrant petition (I-130) filed on his or her behalf.
After entering the U.S. on K3 non-immigrant visa, the spouse of a U.S. citizen may file I-485 to adjust status, or wait for I-130 approval and go to a U.S. consulate abroad to obtain an immigrant visa. Both lead to permanent resident status (green card).

K-3 is completely obsolete and 1) almost certainly will not be gotten even if you apply for it, and 2) is very disadvantageous even if you can somehow get it.

[newacct]

--> Will they really deny entry given she has a 2month old US citizen with her? Where else will our baby go? The baby cannot go to the foreign country as (s)he doesn't have the visa or citizenship. Nor do we want the infant (& the mom) to go that country for health-reasons.

Wherever the mom will go, the baby will go. (Unless the dad is able to care for the baby in the US.) A child is never a reason for an adult to be granted entry to any place, as adults do not follow children -- children follow adults. Parents are legally responsible for taking care of a child, so if there is no one in the country who can take care of the child, the parent(s) are responsible for taking the child with them, regardless of whether the child's status allows them to stay in the US. (If the parents abandon the child in the US, then the government will take the child away from them.) The mom came from the UK, so presumably she is able to stay and/or enter there. If the mom's status in the UK just expired, then she will be deported to some place that will take her (e.g. her country of nationality), even if she don't like it. That's why it's better to just get an immigrant visa to the US.

--> To file I-130, I need to show my workplace and salary in the US which I still don't know (am in the job market at the moment). I will only know about it for sure in 03/2017. Will 5-6 months be enough for a successful application?

You will need to show your domicile is in the US or that you are reestablishing domicile in the US (intent to reside in the US permanently before or at the same time as your wife). I think you will need to show this at the Affidavit of Support step, not when filing the I-130. You are not required to have a job to petition someone. If you don't have enough US income at the time you do the Affidavit of Support, then your wife will need a joint sponsor.

[rammstein]

Gruss Gott Ramstein, I'm not an attorney here so please understand that I answer only from experience and research!
First off you have the benfit of having a major USCIS presence in the uk AND i PROVIDE THE LINK FOR YOU:

https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office

Second, since you are a USC you enjoy the benefit of filing a petition on behalf of your spouse for "IMMEDIATE RELATIVE?SPOUSE" this provides you and your spouse certain benefits but not a visa, the petition only proves that your spouse is your immediate family. The petion barring complications takes appx. 5 months. After approval you can apply for spousal visa if desired as K3.
A K3 visa allows a spouse (husband or wife) of a U.S. citizen to enter the United States as a non-immigrant, and wait for the green card application process to finish. A K3 visa applicant must have an immigrant petition (I-130) filed on his or her behalf.
After entering the U.S. on K3 non-immigrant visa, the spouse of a U.S. citizen may file I-485 to adjust status, or wait for I-130 approval and go to a U.S. consulate abroad to obtain an immigrant visa. Both lead to permanent resident status (green card).
Alternatively, the spouse may choose to complete the entire process outside the United States, and enter the U.S. on an immigrant visa. She/he will become a permanent resident immediately upon entry, either in IR (immediate relative) status or CR (conditional resident, if the marriage is less than two years old).
I I were you I would immediately Petition for your spouse under the I-130 petition, here is the link:

https://www.uscis.gov/family/family-us-citizens

Once you have established immediate family you may have your spouse apply for Adjustment of Status.
The issue of a foreign born child born on foreign soil by a US parent is covered under the immigration acts of 1882 and 1924 and I would urge you to register the childs birth at the American embassy in the UK.
So you have a lot to consider and multiple variations.

Grüß Gott, Adrian.

It looks like K3 seems to be a nicer option. But to file K3 according to [https://www.uscis.gov/family/family-...migrant-visas], I should have already filed an I-130 a priori. The thing I am worried about the most is that I will have to live away (for months unless I visit them) from my wife and our 2-month old baby. I wouldn't want that at all. Again, the problem is affidavit of support. I will need to show them that I have an income from the US - wouldn't I? I would also need an address, wouldn't I? I am currently working in the UK and do have a permanent address in the US (parents' home). Would that be sufficient?

What about this option -- we fill up the forms for I-130 and keep the whole "package" (with all the forms and required materials) ready. We leave for the US in 08/2017 with my wife on visitor's visa. Once at the airport and on cross-questioning if problem comes up (as we suspect) we show them that we have already filled up forms I-130 and have the whole thing ready for mail, and that in no way we intend to apply for adjustment of status (one would think that adjustment of status would be very helpful for a family to be together in this case - I don't know why its frowned upon, though). We explain that we just want to live together as much as we can and that my wife goes back to the foreign country for her finger-prints (and other stuff) with the baby (as the baby will need the mother the most - feeding, etc). Would that work? I hate to think of living away from my wife and baby.

[rammstein]

Wherever the mom will go, the baby will go. (Unless the dad is able to care for the baby in the US.) A child is never a reason for an adult to be granted entry to any place, as adults do not follow children -- children follow adults. Parents are legally responsible for taking care of a child, so if there is no one in the country who can take care of the child, the parent(s) are responsible for taking the child with them, regardless of whether the child's status allows them to stay in the US. (If the parents abandon the child in the US, then the government will take the child away from them.) The mom came from the UK, so presumably she is able to stay and/or enter there. If the mom's status in the UK just expired, then she will be deported to some place that will take her (e.g. her country of nationality), even if she don't like it. That's why it's better to just get an immigrant visa to the US.

You will need to show your domicile is in the US or that you are reestablishing domicile in the US (intent to reside in the US permanently before or at the same time as your wife). I think you will need to show this at the Affidavit of Support step, not when filing the I-130. You are not required to have a job to petition someone. If you don't have enough US income at the time you do the Affidavit of Support, then your wife will need a joint sponsor.

OK, Newacct, what about this option -- we fill up the forms for I-130 and keep the whole "package" (with all the forms and required materials) ready. We leave for the US in 08/2017 with my wife on visitor's visa. Once at the airport and on cross-questioning if problem comes up (as we suspect) we show them that we have already filled up forms I-130 and have the whole thing ready for mail, and that in no way we intend to apply for adjustment of status (one would think that adjustment of status would be very helpful for a family to be together in this case - I don't know why its frowned upon, though). We explain that we just want to live together as much as we can and that my wife goes back to the foreign country for her finger-prints (and other stuff) with the baby (as the baby will need the mother the most - feeding, etc). Would that work? I hate to think of living away from my wife and baby.

Also it looks like K3 is a viable option. It is still on their website -- https://www.uscis.gov/family/family-...mmigrant-visas .

So what you are saying is that to file affidavit of support, all I would need to show is the amount of money I earn and savings/checking, etc? On page 5 of I-864 it does ask for employer's name (not address though). So, I guess it should be OK. Also, I have been regularly filing my returns - so that should be very helpful.

[newacct]

OK, Newacct, what about this option -- we fill up the forms for I-130 and keep the whole "package" (with all the forms and required materials) ready. We leave for the US in 08/2017 with my wife on visitor's visa. Once at the airport and on cross-questioning if problem comes up (as we suspect) we show them that we have already filled up forms I-130 and have the whole thing ready for mail, and that in no way we intend to apply for adjustment of status (one would think that adjustment of status would be very helpful for a family to be together in this case - I don't know why its frowned upon, though). We explain that we just want to live together as much as we can and that my wife goes back to the foreign country for her finger-prints (and other stuff) with the baby (as the baby will need the mother the most - feeding, etc). Would that work? I hate to think of living away from my wife and baby.

No. "Showing" you are ready to file I-130 doesn't help and probably makes it worse because it shows she wants to immigrate. If her intention is really to come temporarily and then leave, then technically that's okay, but in practice the burden of proof of her showing that she's not immigrating on this trip is so high in the case when the whole family is planning to immigrate soon, that they may not believe her no matter what she says. US law requires them to presume that she is an immigrant unless she can convince them otherwise, and if she's an immigrant she doesn't qualify to enter as a visitor. Plus, I thought you said earlier that she doesn't want to return to the foreign country. Like I said earlier, if you do DCF now, chances are that she will get the immigrant visa around the time of your intended move.

Also it looks like K3 is a viable option. It is still on their website -- https://www.uscis.gov/family/family-...mmigrant-visas .

K3 exists in theory but it's basically impossible and pointless to get in recent years. To get K-3, you would have to file I-130 and then file I-129. They currently process I-130 and I-129 together, and are approved together. Once I-130 is approved, the I-129 is cancelled as you are no longer eligible for a K-3 when I-130 is approved. Therefore, no K-3. Basically, K-3 is not faster than getting a CR-1/IR-1 immigrant visa, that's why you can't get K-3 anymore. K-3 was for a long time ago when I-130 processing was very slow, which has not been the case for a long time. And even in the highly unlikely chance you luck out and could get K-3, you wouldn't want it, because it means after entering the US, you would have to pay more than a thousand dollars to go through the Adjustment of Status process, which takes up to a year or more, before you can become a permanent resident, whereas if you enter with an immigrant visa, you immediately become a permanent resident without any further process.