Married in the USA,had baby and had to leave before applying to GC

[BzmommytoAmerican 8]

I am new here and need some help.

I have been living in the US since september 2005 when i went as an au pair did that for two years got into college and was with an F-1 visa until I married my husband in may 2011. I had complications with my pregnancy and our baby was born july 2011 with some health issues and a lot of hospital stays so I did not send my papers in. Now december my daughter was addmited again and my mother was really sick so i had to leave the US with my daughter in the hopes of getting a second opinion and help with her issue. I called the costumer service hotline before i left and explained my situation. They said my husband would have to file the I-130 petition, wait to be approved and then the consulate would call em for an interview. Well they never said that i would have to do my green card journey here and that it could take up to 5 months. I really did not want to take my daughter away from her dad for that long. Since i am married in the US and have a US CITIZEN DAUGHTER is it possible that my process could be faster? we were living together since december 09 in the same house , have cars and other things in our names. How do I go from here? Have him file the I-130 and then what kind of visa would i be getting? the greencard would be sent to my house in the US or I would receive it here?

Thank you

[Anh map 2,098]

Having a child will not make the process go any faster.

You will interview for your spousal visa (CR1) at the embassy/consulate in Brazil. You will use the visa to enter the US. The green card will be issued after you enter the US with the CR1 visa.

See this guide for the steps in the process >>> http://www.visajourney.com/content/i130guide1

[alizon 77]

I am new here and need some help.

I have been living in the US since september 2005 when i went as an au pair did that for two years got into college and was with an F-1 visa until I married my husband in may 2011. I had complications with my pregnancy and our baby was born july 2011 with some health issues and a lot of hospital stays so I did not send my papers in. Now december my daughter was addmited again and my mother was really sick so i had to leave the US with my daughter in the hopes of getting a second opinion and help with her issue. I called the costumer service hotline before i left and explained my situation. They said my husband would have to file the I-130 petition, wait to be approved and then the consulate would call em for an interview. Well they never said that i would have to do my green card journey here and that it could take up to 5 months. I really did not want to take my daughter away from her dad for that long. Since i am married in the US and have a US CITIZEN DAUGHTER is it possible that my process could be faster? we were living together since december 09 in the same house , have cars and other things in our names. How do I go from here? Have him file the I-130 and then what kind of visa would i be getting? the greencard would be sent to my house in the US or I would receive it here?

Thank you

Getting married in the US vs. anywhere else isn't going to affect the speed at which you will be approved for your green card. Don't know if having a US citizen daughter will affect it. You might be able to file for an expedite based on the severity of the medical issues, but shouldn't you have filed for adjustment of status (to a green card) after your wedding anyway? You can't stay in the US on an F-1 forever...

Nevermind, I see that it was the hospitalization that prevented you from filing for the change of status.

Edited December 18, 2011 by alizon

[BzmommytoAmerican 8]

yes I should have but as stated on my first post due to pregnancy complications and then health issues my daughter had this was the last thing on our mind.

How do I file expedite? My husband cannot stay without his daughter for that long neither can she stay without her treatments there.

[alizon 77]

yes I should have but as stated on my first post due to pregnancy complications and then health issues my daughter had this was the last thing on our mind.

How do I file expedite? My husband cannot stay without his daughter for that long neither can she stay without her treatments there.

Sorry, I missed that part (corrected my initial post). I filed for an expedite well after we submitted the I-130 (we had a change in circumstances), so I think you would have to file the I-130, wait for your NOA1 which gives you your receipt number, then call customer service, and tell one of the operators that you want to file for an expedite. They'll ask you what your reason is, but it'll be just a brief conversation; they pretty much only want to know whether it's military, health, or financial. They'll then submit the request and you'll be contacted for more information and evidence of your specific circumstances, which in your case will probably have to be a doctor's note of some kind.

But the medical emergency probably has to be on the part of your daughter, not your mother. They most likely won't grant an expedite simply because you don't want to keep your daughter away from your husband.

Edited December 18, 2011 by alizon

[BzmommytoAmerican 8]

I feel like I was fooled by the person that gave me the first info on the uscis costumer service number. They made it seem like was going to be super simple. Omg if I knew even though my mother was really sick I would not have left.

[alizon 77]

I feel like I was fooled by the person that gave me the first info on the uscis costumer service number. They made it seem like was going to be super simple. Omg if I knew even though my mother was really sick I would not have left.

Well, I don't know all the details of immigration law or of your specific case, so maybe the person you spoke to is right! Best thing to do is just get the files started, if that's what you need to get back to the US.

[BzmommytoAmerican 8]

she came also to see a doctor here about her acid reflux with aspiration. she was hospitalized there in november and put a ng tube. my mother got sick because of seeing me so desperate and not being able to help.

[Anh map 2,098]

Your daughter as a US citizen is free to return to the US at any time. You, as the non US citizen, will need a visa to enter.

If your daughter needs to be in the US for medical reasons have the father travel to Brazil and take her back while the visa process continues.

[alizon 77]

Your daughter as a US citizen is free to return to the US at any time. You, as the non US citizen, will need a visa to enter.

If your daughter needs to be in the US for medical reasons have the father travel to Brazil and take her back while the visa process continues.

Agreed.

[Boiler 43,396]

Might be a ban in there as well, time to pony up for a Lawyer.

[BzmommytoAmerican 8]

so you would let your 5 month old leave without knowing when you would see her? no way.I am her main caretaker

ban for what? i stayed there legally

[LIFE'SJOURNEY 970]

You and your USC husband should hav contacted an immigration lawyer. It seems as if the USC is missing out of this picture, you keep addressing conerns around your mother. Your child is a USC and should have a US passsport, your child can return to the US at any time if she/he needs medical care. There is nothing in stopping the USC parent from having the child in his care to assist with providing medical care.

Again, the USC seems to be missing from your conversation/post. It was up to the USC and you to find out how your non-immigratiion status would be affected if you left. The USC drop the ball on this, not the phone rep at USIC.

You knew how to obtain an aun pair and a student visa, so there was some kind of understaning about immigration visas on your part.

[BzmommytoAmerican 8]

he allowed her to leave. he is completely not familiar with immigration preocess

[Boiler 43,396]

On what basis did you expect to come back in.

5 months would be very quick.