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iliasrah

married on vwp and have a son born in usa

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Hello guys so here's my situation I'm a British Citizen and husband US Citizen and we have a son now he has both American and British passport

I went to USA on VWP in April 2014 to meet the guy I liked and his family ( his family visited us and the guy came twice, to London to meet me and my family

So when I went there I was stopped in the airport coz my ticket was for 5 months (I thought I'm British and could stay for six months! I really should have researched!) I said I will change the date which I did. Also I told them I'm visiting family friend. So anyways I went and decided to get married in May 2014 after seeing their house, life style.

We got married and I spent the 85 days with them visiting his sister in New York, and went to a few places.

GETTING MARRIED IN USA DOESN'T HELP YOU GET A STATUES WHICH I NEW SO WHY THE HELL IS IT A BIG ISSUE?

I came back found out I was pregnant (didn't want to get pregnant) so I stayed here for a while went back to USA because my father in law didn't see me so I went to meet him (August) while I was there we filed my i130 (September) but my husband was still a green card holder I stayed there for 80 days I went to the USCIS office talked to Immigration Officer about my situation she said there's nothing they could do but to just wait and she also said that since you are a British citizen you can come here on VWP and don't tell anything to officers in the US airport. So I went back to my home (November), stayed with parents.

I went again (January) to visit husband while I was still pregnant, because my husband was buying a house and he needed me there to support him and help him choose a house so I went and this was my third visit I was stopped at the airport and was kept there for more than 3 hours They asked me who I am visiting I said I'm visiting my husband and I m going back in two weeks coz my ticket was for two weeks I showed them my marriage certificate, the letter (notice from USCIS)

He was very rude and also checked my phone I was very upset and didn't want them to know anything more coz that would mess up my case then my husband whatsapped me saying "tell them you are pregnant and if anything happens to my baby you will be responsible for it" as soon as he saw that message he said okay you can spend the two weeks and then go back and apply for a non immigrant visa and come back to USA he changed his way of talking too. So when I went home with my husband we were looking for houses found a house and my husband said i dont want you to go and I want the baby to be born here under his supervision he changed the ticket and he later became a US Citizen (February) he called the USCIS and updated them and they had moved my case to a different category which meant they will work faster on the case so while that was in process my husband applied for I129F (March)

My son was born there and got my son passport as my visa was about to expire I came home with him and recently both my cases (i130 and i129f) approved and now its forwarded to the NVC.

I never researched and thought I was a British citizen and could stay in USA for up to 6 months also giving birth to my son was my husbands decision I preferred UK!

I'm just scared of the fact that I got married on VWP and US Consulate will question me and might deny my visa..realy if I new I would have never done it

I read in many places that US Consulate want to see if the marriage is real since we have a son and off course our marriage is real

Will US consulate ask me why I spent more time than I was told by immigrantion officeron my third visit? I had returned ticket for two weeks but changed it but I haven't over stay vwp

Will the consulate question me for marrying there? Really stressed out and sad for my husband for not being with his son and missing all the important bits. :(

What questions does the US consulate normally ask?

Will the consulate really ask why my son was born there?

Really I didnt want all this stress please write answers or anything you think I should know. Thanks alot!!

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Question, are you adjusting status or are you returning to the UK for your interview? Where are you right now?

In reality, they can ask you whatever thy want. The only stress you should feel is if you think that anything but the most honest answer is a good route to take. If they ask you why your son was born in the US - tell them it was your husband's decision. If they ask you why you stayed longer, tell them it was because you wanted to be with your husband. If they ask you why you married in the US - tell them you didn't want your husband to miss anything with the pregnancy. Why is this stressful? These are honest answers.

You are from a low fraud country so they probably won't drill you too much. They asked me why we married in Canada, when we were going to have kids, how often my husband visited me in Canada, and the rest of the questions were about me and then about my husband's financials.

Don't stress, chin up.

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Getting married on the VWP (or any other kind of visa) is not a problem; convincing CBP you intend to leave after it takes place might be, as you found out.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Its actually not risky at all and lots of people do it. It is perfectly legal and totally fine.

You are doing the right things here.

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Moved from Adjustment of Status from Family Based Visas forum to IR-1/CR-1 Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Getting married on the VWP is no issue at all as many people here have stated. Me and my husband got married almost two years ago when he was visiting on the VWP. Never brought up during his interview at all. In fact they only asked him three questions XD

I hope everything goes well with the rest of your journey and that you are able to be with your husband soon. Good luck.


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One question.

When you told the officer at the airport that you was only visiting for two weeks and they eventually let you in, what date did they put in your passport for you to leave by?


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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There is that.

You see so many posts about how nasty they are at the PoE but here is a classic case of somebody pushing it to the limit and beyond who was given way beyond reasonable doubt.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Now I think of it the VWP is 90 days or nothing.

Now I think of it the VWP is 90 days or nothing.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I also got married when visiting under the VWP. It's perfectly fine as long as you don't overstay. You will have no problem with your visa process because you married under the VWP. You did it just they way you were suppose to by going there to marry under the VWP and then leaving to continue the process in your home country. :)


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Having a child does not prove a legitimate relationship. Raising a child does. Now with a newborn you can't show much.

What you can / should show is a comingling of finances, joint accounts, his filing taxes as married, naming each other as beneficiaries in wills, etc. That along with the usual photos, chat logs,travel receipts, etc. shows the nature of your relationship.

Take some time, read the forums here on VJ, and prepare your materials.

Best of luck in your immigration journey.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Having a child does not prove a legitimate relationship. Raising a child does. Now with a newborn you can't show much.

What you can / should show is a comingling of finances, joint accounts, his filing taxes as married, naming each other as beneficiaries in wills, etc. That along with the usual photos, chat logs,travel receipts, etc. shows the nature of your relationship.

Take some time, read the forums here on VJ, and prepare your materials.

Best of luck in your immigration journey.

Thanks my is about five months old now..

I think he had my name on his taxes and we have medical insurance for me and my son and my husband together does that help aswel?

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