What do I need to do to move to USA?

[AussieStacey 0]

Sorry if this is in the wrong place...but hoping someone can help me out. Here is my situation:

I previously had a relationship with an American man, I am Australian. We seperated, he went back to America to live and then I discovered I was pregnant. I had the baby, so far only my name is on the birth certificate but he is accepting of the baby and even wants us to come live near him. I only have my mother here so am seriously interested in moving us there so my child can grow up with her father in her life. Short of marrying him, not something that is on the cards for us (we are still friendly just not 'that' friendly anymore lol) what do I need to do to make this happen? Have looked online and all the different forms and steps seem to be so confusing! And if we are able to move there on a permanent basis would my mother also be able to come with us?

[nickbits 43]

If you don't want to get married, your only options are work and school visas, sorry.

If you do get an immigrant visa, you'd have to become a citizen first (3-5 years) before you could bring your mother over.

[Penguin_ie 5,984]

**** Moving from US Citizenship to General Immigration forums because OP has no path to citizenship at this time, though the child does ****

[sulhaq 59]

If you do not want to get married, your options are severely limited.

1. You may try your hand at the DV lottery visa. The process is long-winded and you have to be very very lucky to even stand a chance.

2. You may enter on an H1-B employment visa, if you are accepted and sponsored by a US employer (I am unsure if your child would be given a visa under this scenario though).

These are the only options I'm aware of. Even if more exist, suffice it to say it will be very difficult and there is no way to bring your mother unless you gain permanent residency FIRST (most likely through marriage), and even then it's a long and arduous process.

Your child however, may be eligible for U.S. Citizenship under the following statutes:

Children born out of wedlock to a U.S. citizen father will acquire U.S. citizenship if the following conditions are met: There is an established blood relationship between the father and the child. The father was a U.S. citizen at the time of the birth. The father has agreed to financially support the child until he or she is 18. Before the child is 18 he or she is legitimated, or the father acknowledges paternity in a document signed under oath. While these are general rules, Congress has continually amended and revised many laws relating to citizenship, particularly those dealing with the requirements for retention of citizenship. If a person believes that he or she has a claim to U.S. citizenship, the person should consult with an attorney for a full examination of that possibility.

source: http://www.ranchodlaw.com/other-visas/citizenship-and-residency/

Edited April 17, 2012 by sulhaq

[AussieStacey 0]

Thank you for the replies!

So if my child, she is only one year old, gets citizenship then where does that leave me?

Forget my mother...she can always visit lol But if my child is a citizen am I able to get a green card or anything because of that?

[VanessaTony 3,567]

Thank you for the replies!

So if my child, she is only one year old, gets citizenship then where does that leave me?

Forget my mother...she can always visit lol But if my child is a citizen am I able to get a green card or anything because of that?

Nope, you are not eligible for any immigration benefits from her until she is 18 and old enough to sponsor you to move to the US. Also, you need to file a CRBA for the child to get her US citizenship. It would be easier to do that now while you're still friendly with the dad. Also Australia has a child support agreement with the US so you could get child support from him (if you're wondering about that). Friend of mine has to do it.

Australian's have access to an E3 visa as well. You can try a student visa, you can try a regular H1B but your choices are pretty limited otherwise unfortunately.

Edited April 18, 2012 by Vanessa&Tony

[milimelo 4,167]

Nope, you are not eligible for any immigration benefits from her until she is 18 and old enough to sponsor you to move to the US. Also, you need to file a CRBA for the child to get her US citizenship. It would be easier to do that now while you're still friendly with the dad. Also Australia has a child support agreement with the US so you could get child support from him (if you're wondering about that). Friend of mine has to do it.

Australian's have access to an E3 visa as well. You can try a student visa, you can try a regular H1B but your choices are pretty limited otherwise unfortunately.

Child needs to be 21 or older to sponsor a parent or a sibling.

[VanessaTony 3,567]

Child needs to be 21 or older to sponsor a parent or a sibling.

Damn sorry. forget the whole US 21 thing... legal age in Aus is 18.

[aaron2020 11,651]

Thank you for the replies!

So if my child, she is only one year old, gets citizenship then where does that leave me?

Forget my mother...she can always visit lol But if my child is a citizen am I able to get a green card or anything because of that?

It leaves you in the same position that you are in before, an Australian citizen.

A US citizen child does not entitle you to immigrate to the US. Once your child turns 21, your child can file for you to immigrate to the US.

If having a US citizen child was all it took to get an immigration visa, one can expect US sperm banks to be very busy sending products to foreign countries. LOL.

Edited April 19, 2012 by aaron2020