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mrsgi65on

Not sure this is the right place..

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hello,

I was on VJ before and the process got stuck due to difficulties contacting my husband...

Now I'm in the US with ESTA because of family emergency...

We got married in 2012 and have a daughter together before the marriage,now she is five and she was born in Japan.

We haven't filed anything yet and we want to do this while I'm here..

My question is,

What is the first document that we should file?

And

What do I need to do for our daughter to get her citizenship?

Thank you!

Meg

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Since your married you will need to return home and file a CR1 or IR1/Married Petition with USCIS.

Edited by Tim/Mav

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Since your married you will need to return home and file a CR1 or IR1/Married Petition with USCIS.

Thanks for the quick reply!!

The thing is, it would be difficult to go home and file the forms due to financial issues we were having to do so in the passed couple of years... And the years that we had to be separated is unbearable....

We don't want to do that no more...

Plus I want to work here in the US...

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Thanks for the quick reply!!

The thing is, it would be difficult to go home and file the forms due to financial issues we were having to do so in the passed couple of years... And the years that we had to be separated is unbearable....

We don't want to do that no more...

Plus I want to work here in the US...

Oh No No NO. You want to make things harder for yourself. Overstay your intended Visa and see that problem later. And if so a financial difficulty that will not look good later for the Affidavit of Support for you and the child. Your Visa is NOT for a Married Petition intending to stay. Your other question about the child is as you know. If the child is from an American Citizen and upon approval of: Your child is a lawful citizen of the US


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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hello,

I was on VJ before and the process got stuck due to difficulties contacting my husband...

Now I'm in the US with ESTA because of family emergency...

We got married in 2012 and have a daughter together before the marriage,now she is five and she was born in Japan.

We haven't filed anything yet and we want to do this while I'm here..

My question is,

What is the first document that we should file?

And

What do I need to do for our daughter to get her citizenship?

Thank you!

Meg

Let me ask you a question did you bring your child with you ? and was that temporary visa a family member. I assume now you are with your husband. Correct

Edited by Tim/Mav

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Let me ask you a question did you bring your child with you ?

Yes our child not just mine but his also... And yes she has the qualifications of being a citizen it's Just that she was born in Japan out of wedlock.. so on her birth certificate it doesn't show my.. husband's name..

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Yes our child not just mine but his also... And yes she has the qualifications of being a citizen it's Just that she was born in Japan out of wedlock.. so on her birth certificate it doesn't show my.. husband's name..

A DNA test is easy and sometimes required .


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Thanks for the quick reply!!

The thing is, it would be difficult to go home and file the forms due to financial issues we were having to do so in the passed couple of years... And the years that we had to be separated is unbearable....

We don't want to do that no more...

Plus I want to work here in the US...

What you want is not USCIS's concern. You have financial issues, does your spouse make $24,737 to support a household of 3? That is assuming there's no other dependants.

Just because you want something doesn't mean you can always have it. You're risking a lot of factors here. Coming on VWP you waive all rights if you're placed in removal proceedings, as well you CANNOT appeal a denied aos.

Also is your child with you? If you're having financial issues filing from overseas how on earth will you afford the $2k+ process here for both of you?

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What you want is not USCIS's concern. You have financial issues, does your spouse make $24,737 to support a household of 3? That is assuming there's no other dependants.

Just because you want something doesn't mean you can always have it. You're risking a lot of factors here. Coming on VWP you waive all rights if you're placed in removal proceedings, as well you CANNOT appeal a denied aos.

Also is your child with you? If you're having financial issues filing from overseas how on earth will you afford the $2k+ process here for both of you?

This is the later. Lets not make assumptions. Of course we try to give all options here. But, my main concern here is the possibility of a overstayed Visa. The OP states she is no where she intended to be for that Visa but that is OK but I ASSUME never Devulged to USCIS the entire truth for that Visa. My advice stays the same. Leave without a Overstay and File the Appropriate Petition listed above.


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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What does over stay mean? I've just arrived here a week ago and isn't esta good for s year?

Can't I Have a change of status that they have for married couple?

Thank you for helping me with your knowledge!!

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You can stay for 90 days. Once you've hit 180 days of unlawful presence (6 months past when you're supposed to go home) you get a 3 year ban. A year past? 10 years. I recommend you check your online I-94 here: https://i94.cbp.dhs.gov/I94/request.html;jsessionid=GR1JJS1DLT02ZYrrshD3r4LsmyXv9hhxPJ0WxcTQgbhc5hhGYm7Q!1673753938

Being married does not give you the right or automatic in to adjust status. Also you could be asking for trouble if you file not being here very long. While preconceived intention isn't enough to deny, smaller factors that are may become more difficult.

Edited by Transborderwife

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What does over stay mean? I've just arrived here a week ago and isn't esta good for s year?

Can't I Have a change of status that they have for married couple?

Thank you for helping me with your knowledge!!

No. You can try but get a Attorney. I felt that was the intent of your post. Skip the real prceedures and get Members here to help you. Good Luck with your Journey

Overstay means: The Visa you came over with is not the Appropriate Visa for your situation and in a Defraud of the system of this and is another reason why people like you make it harder for truthful people (with children or not) making it harder and longer for others. Get the DNA test done and return home and DO IT RIGHT.


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Thanks for the quick reply!!

The thing is, it would be difficult to go home and file the forms due to financial issues we were having to do so in the passed couple of years... And the years that we had to be separated is unbearable....

We don't want to do that no more...

Plus I want to work here in the US...

Did you 3 come back to the states together??? Or was your husband living here already and you and the kid in Japan???

When you come with VWP you have a return home ticket already so it's already paid the way back. You all just would have to save money for the forms.

Since you have been married already for a time you have to file for Spouse Visa back in Japan. I see a very big red flag here trying to stay in this visit while coming with VWP I mean it honestly wouldn't look like you were just visiting the country it seems your plan was to stay because of the previous reasons you mention. Sorry

Also you say you want to work here in the US, it's not like because you stay that means you can work already.


y59om4.png

---------------------------------- Pre I-130 ----------------------------------------

Feb- 25- 2009 - Met in Barcelona Spain thanks to a friend in common ???

11 visits in the next 5 years........ ????????????

Apr - 23 - 2014 - My last entry in the US to visit ✈️

Jul - 18 - 2014 - finally proposes and ask me to stay forever!!!! ❤️??

Jul- 20 - 2014 - I don't get in the flight back to Spain ( that means my ESTA will expire the next day )

Jul - 22 - 2014 - wedding ❤️??

---------------------------I-130, I-485, EAD, AP ----------------------------------

Sep- 12- 2014 - AOS sent to Chicago ?? ( delivered sept 15 )

Sep - 18 - 2014 - AOS texts/ emails received with case number ??

Sep- 19 - 2014 - checks cashed ?

Sep - 21 - 2014- hard copies of NOA received in the mail!!! ??

Sep - 26 - 2014- biometrics letter received!! Appointment for Oct 7

Sep - 30 - 2014 - succesful early walk in biometrics ??

Nov - 22 - 2014 - EAD/AP approved ?? ( 71 days )

Nov - 24 - 2014 - card in production

Dec - 1 - 2014 - card mailed ??

Dec - 3 - 2014 - Combo card received ??

Dec - 15 - 2014 - email received with interview date for Jan 15 2015! ??

Jan - 15 - 2015 - Approved!! ???? Here is our interview experience --> http://www.visajourney.com/forums/topic/531853-aos-interview-from-esta-approved/

Jan - 24 - 2015 - Green card received

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You can stay for 90 days. Once you've hit 180 days of unlawful presence (6 months past when you're supposed to go home) you get a 3 year ban. A year past? 10 years. I recommend you check your online I-94 here: https://i94.cbp.dhs.gov/I94/request.html;jsessionid=GR1JJS1DLT02ZYrrshD3r4LsmyXv9hhxPJ0WxcTQgbhc5hhGYm7Q!1673753938

Being married does not give you the right or automatic in to adjust status. Also you could be asking for trouble if you file not being here very long. While preconceived intention isn't enough to deny, smaller factors that are may become more difficult.

Thank you for your honest replies!!

We have a back ground of living together in the US for like 4 years and we've been together for 9 years all together.

We got married in 2012 when we visited with ESTA .. I thought we could afford it to go back and file the right forms and come back but no... It was too expensive for both of us .. I couldn't get a decent job back in jp and even getting started on the job the daly payment was not enough for the 3 of us..

We came back this time because of our nephew has been diagnosed of a rear illness and we needed to visit immediately.. Sure I couldn't afford the 20k + if I didn't have the emergency help from my father..

How do I get an attorney?

Will they know the best solution of our filing process?

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So your husband was with you this whole time? Was he filing his is taxes? I apologize if I come off as harsh but with what you've shown I highly doubt aos successfully is in your future.

It is going to cost you significantly less to return I Japan where you're still entitled to work while your husband establishes himself here in the USA and files for your visa and your child's.

If you're set on trying to stay and aos, google immigration attourneys in your state. Be prepared for it to cost you about $6-8k.

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