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

[mr and mrs 187]

F1 is a non immigrant visa.

meaning that entering the US on an F1 visa with the intention to immigrate (ie AOS based on marriage to a USC) is immigration fraud? im just thinking out loud here.

[VanessaTony 3,567]

meaning that entering the US on an F1 visa with the intention to immigrate (ie AOS based on marriage to a USC) is immigration fraud? im just thinking out loud here.

yes

[GnBnL 50]

I'm wondering if that matters if its not the first time she's entering with it? Since lots of people do go from F-1's to LPR through marriage. She was already working on her F-1 and is still under that position but took a leave didn't she? so I'm not sure? I know its not the right way to do things, but technically she should be allowed to re enter on the F-1 and perhaps could adjust status by filing CR-1 later from her home country once the health problems are dealt with?

[canadian_wife 1,791]

F1 is a non immigrant visa.

Absolutly, but finding out if she is out of status and how long she's been out of status is probably important to her case no?

She shouldn't use her F-1 to immigrate, that is clear. OP is in for a long haul

Good luck

[Boiler 43,516]

Absolutely.

[BzmommytoAmerican 8]

I believe not as i was authorized to take this leave of absence. Im sending a letter in with the I-130 to expedite, a letter from her dr explaining her health from the US. We have cars, lease,bank accounts on our name. We were leaving together since 09 and i was in the US since 05 always in status. I have been in and out of the US 5 times. I had a B1, J1 and F 1 approved to me with no problems. Im not really concern, neither is the lawyer i have been talking to.

[canadian_wife 1,791]

Bzmommy - remember, you'll need expedites at all levels, USCIS, NVC and the consulate. Don't forget to send those as soon as your petition reaches that point.

Keep us posted

Good luck

[BzmommytoAmerican 8]

Can i post the letter i wrote and get some input on it?

[canadian_wife 1,791]

You can, but remember to take out all the personal info. But if you have a lawyer then why do you need our input, why not take it to them?

Good luck

[Freedove7 17]

Im confused.If you were here legally then why can't you come back ?

[Nina~ 431]

I believe not as i was authorized to take this leave of absence. Im sending a letter in with the I-130 to expedite, a letter from her dr explaining her health from the US. We have cars, lease,bank accounts on our name. We were leaving together since 09 and i was in the US since 05 always in status. I have been in and out of the US 5 times. I had a B1, J1 and F 1 approved to me with no problems. Im not really concern, neither is the lawyer i have been talking to.

So your International Student office at University approved you to take the leave? Then why cant you return on your F1?

[LIFE'SJOURNEY 970]

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

According to you, you went to Brazil for help with your daughters medical condition, so why are you now telling the US, you need to expedite because of your child's medical condition. Also, you stated that you just left the US in December, and we are still in the month of December. These statements do not coincide with some of your other comments.

[BzmommytoAmerican 8]

Because i have not registered for classes in the soring. Yes we are here to seek treatment but instead of getting better she is worse. She is on a special formula that is not found here, her reflux medicine is not found here. We had to change her whole treatment and she lost already 3 lb in two weeks because she refuses to eat, breaks put in rashes. I dont think i need to justify why i tried a different treatment for my daughter. It did not work. Period. I feel like you are trying to attack me and i dont owe you any explanation.

Thank you for your help. I guess uscis was able to help me when i called this morning and if the letters i have from drs they said i should be able to expedite.

[LIFE'SJOURNEY 970]

Because i have not registered for classes in the soring. Yes we are here to seek treatment but instead of getting better she is worse. She is on a special formula that is not found here, her reflux medicine is not found here. We had to change her whole treatment and she lost already 3 lb in two weeks because she refuses to eat, breaks put in rashes. I dont think i need to justify why i tried a different treatment for my daughter. It did not work. Period. I feel like you are trying to attack me and i dont owe you any explanation.

Thank you for your help. I guess uscis was able to help me when i called this morning and if the letters i have from drs they said i should be able to expedite.

You don't owe me or anyone an explanation, but you do owe us the truth when you are asking for advise, so we can give you the best answers possible.

[Harsh_77 716]

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

That will be the difficult choice as parent you will have to make either she will get to spend time with her dad and get the medical assistance or she will stay with you and both of you would get to see her dad when the process is complete.

Having a USC child and getting married in US does not make your case move any faster at all, infact as Boiler mentioned I think you might have to get a waiver as you might have accumulated some time without any status in US.

You might require a lawyer who could help you with your case.