Simply unable to get the answers...

[BurritoT 0]

I have a fiancé' whom has already traveled on B1-2 Visa with our American/Khmer daughter to the States. I didn't go with them and they returned after one month. Now I am trying to find if it is even possible for my fiance' to go to America based on the following:

• She can live and work in the USA
• the purpose is to care for our daughter whom I really want to go to school in the States
• My parents are happy to be sponsors (unsure to this day if Sponsors are allowed in regards to Cambodia)
• I must live in Cambodia in order to run my business, thus my domicile is not in the USA

My four year old daughter has her US passport and social security number. I have exhausted all avenues and been given non specific answers time and time again. Basically most of what I find tells me it is not possible what so ever.

We have not married in Cambodia because we always planned on doing that in the US.

Can anyone here give me a concrete answer based on the facts above (bullet points)? If there is a way what path is the best way?

Many thanks,

D

[Boiler 43,543]

The obvious solution is for your Parents to look after your daughter.

Your wife can visit, but limit the trips or she will eventually be bounced.

She can not work.

[Cathi 5,614]

Are you the US citizen? If so you must be domiciled in the US by the time the visa is issued, and have proof of this, no exceptions. Your parents can be joint sponsors for you if you are domiciled here. You child can petition for her after turning 21 years of age.

[Boiler 43,543]

Ooops not yet married. Not that it makes any difference.

[JohnR! 5,495]

I have a fiancé' whom has already traveled on B1-2 Visa with our American/Khmer daughter to the States. I didn't go with them and they returned after one month. Now I am trying to find if it is even possible for my fiance' to go to America based on the following:

• She can live and work in the USA
• the purpose is to care for our daughter whom I really want to go to school in the States
• My parents are happy to be sponsors (unsure to this day if Sponsors are allowed in regards to Cambodia)
• I must live in Cambodia in order to run my business, thus my domicile is not in the USA

My four year old daughter has her US passport and social security number. I have exhausted all avenues and been given non specific answers time and time again. Basically most of what I find tells me it is not possible what so ever.

We have not married in Cambodia because we always planned on doing that in the US.

Can anyone here give me a concrete answer based on the facts above (bullet points)? If there is a way what path is the best way?

Many thanks,

D

Presuming you are planning to marry her in the US, here is a link where you can get the information you need to begin the K-1 application process.

http://travel.state.gov/visa/immigrants/types/types_2994.html

However that will only work if both of you are planning to move to the US and live here. If you are to remain in Cambodia your fiancee/wife will not be able to move here, based on her relationship to you.

Good luck!

Edited June 11, 2013 by Gegel

[Boiler 43,543]

Presuming you are planning to marry her in the US, here is a link where you can get the information you need to begin the K-1 application process.

http://travel.state.gov/visa/immigrants/types/types_2994.html

Good luck!

They can marry on a visitor Visa.

[BurritoT 0]

Thanks. The goal is (was) to get the mother of our child to the US so our daughter would have one of her parents with her at all times. I am a US citizen and must stay abroad to work. As I said I didn't think this was a feasible plan but the embassy in Cambodia has been less than helpful. A US lawyer based in Phnom Penh tried to snake me for a $900 consultation fee just to get the answer to the plan I posted above....

[aaron2020 11,651]

In order for your wife/fiancée to immigrate and life in the US, you must be domiciled in the US or have proof that you will reestablish one prior to her immigration.

The purpose of family-based immigration is to reunite families in the US. There's no family to reunite in the US you are living in Cambidia.

Read the instructions for form I-864.

With you living outside the US, your wife/fiancé will not get an immigration to live in the US.

[BurritoT 0]

That is how I UNDERSTOOD it... but because we have a daughter I did not know if there were other options. Thanks for the feedback.

[JohnR! 5,495]

Thanks. The goal is (was) to get the mother of our child to the US so our daughter would have one of her parents with her at all times. I am a US citizen and must stay abroad to work. As I said I didn't think this was a feasible plan but the embassy in Cambodia has been less than helpful. A US lawyer based in Phnom Penh tried to snake me for a $900 consultation fee just to get the answer to the plan I posted above

Unfortunately there is no visa category that would allow her mother to accompany her to the US for an indeterminate length of time even if she were not to work and depend completely on your parents.

I do not know of your circumstances, so one suggestion would be for you to consider moving to the US, even if it meant spending a lot of time outside the US for work. Family based immigration cases - as yours would be were you to come to the US to get married and establish residence - is based on the premise that the foreign spouse's intentions are to come to the US and reside permanently in order to be with her US spouse. In short, at some point you would need to establish legal residence in the US, in order to justify applying for hers.

[aaron2020 11,651]

That is how I UNDERSTOOD it... but because we have a daughter I did not know if there were other options. Thanks for the feedback.

There is no option for your wife/fiancée to legally immigrate to the US without you domiciled in the US.

A US citizen child must be at least 21 years old to petition for a parent. So, US immigration based on your daugher's US citizenship is not available to her mother for another 17 years.

You living in the US is the only path for your wife/fiancée to immigrate to the US.

[Boiler 43,543]

Do you have an American School locally?

[chaine1 116]

I'm sure you've probably heard of it, but if you are in Phnom Penh, the International School of Phnom Penh is an option. I have a friend teaching there. It's an IB school, which is very highly regarded.

Honestly, having taught in both international/American schools, and schools here in the USA, your daughter could get an excellent education at American/International schools. In many ways, these schools are far, far superior to public US schools, but both have their positives and negatives.

Good Luck!

[Ryan H 3,791]

Moved from K1 Process & Procedures to General Immigration-Related Discussion.

[Boiler 43,543]

The one in London was a much higher standard