Baby born after-130 gets approved

[Shoshona 0]

9 hours ago, SusieQQQ said:

And yes, they check these things. Back in the day, when computers weren’t as good as now even, I was called into the local consulate in regards to B visas I’d applied for for my kids (under 14, parent with existing visa, no interview required). The system picked up that I (parent) had had an i130 filed for me - kids were not named on that petition at that stage - so they just wanted a quick interview with me to ensure we weren’t going to “visit” and not return. Our family ties home at that stage were easy to demonstrate. The F1 application will be exactly the opposite. 

How is going with an F-1 and really going to graduate school in order to obtain a degree is an illegal way to go to the US? I see what you saying as far as it being too obvious that she's going with her partner and their baby but I don't see why she should be denied a student visa because of these assumptions. It's not like she's gonna illegally live in US. 

[Shoshona 0]

On 11/15/2018 at 7:28 PM, SusieQQQ said:

There is also F2 that is relative of permanent resident, in your case F2A is the relevant subcategory, for spouse of LPR.

That's correct but she can't stay in US just by being F2A. She will have to wait in her home country for an available visa. 

[SusieQQQ 11,584]

41 minutes ago, Shoshona said:

How is going with an F-1 and really going to graduate school in order to obtain a degree is an illegal way to go to the US? I see what you saying as far as it being too obvious that she's going with her partner and their baby but I don't see why she should be denied a student visa because of these assumptions. It's not like she's gonna illegally live in US. 

It’s fine if she plans to go home afterwards, but as her partner will have a green card clearly that won’t be her intention. F1 is a non-immigrant visa, not dual intent like H or L. You are not supposed to enter with immigrant intent and part of the requirement is that you show you will return home afterward. Anyway, that’s a discussion she’ll have with the CO. If you do a quick google search you’ll find numerous instances of F1 visa applications being denied for immigrant intent (214b).

 

also, misrepresentation on a visa application or to a consular officer or cbp can lead to a permanent ban on entry to the US. You’ll want to tread carefully. Spouses of citizens get forgiven a lot, that’s not the case for spouses of LPRs.

 

38 minutes ago, Shoshona said:

That's correct but she can't stay in US just by being F2A. She will have to wait in her home country for an available visa. 

Yes. That’s what everyone else does. 

Edited November 17, 2018 by SusieQQQ

[aaron2020 11,651]

5 hours ago, Shoshona said:

How is going with an F-1 and really going to graduate school in order to obtain a degree is an illegal way to go to the US? I see what you saying as far as it being too obvious that she's going with her partner and their baby but I don't see why she should be denied a student visa because of these assumptions. It's not like she's gonna illegally live in US. 

It's illegal to use a non-immigrant visa to enter the US with the intent to immigrate.  

 

Isn't the plan for her to come to the US on the non-immigrant F1 student visa to marry you and file for AOS so she can immigrate to the US and stay with you and her child?

 

An F-1 student visa is a non-immigrant visa that requires the applicant to show and prove a home to return to after finishing school.  How is she going to do that with you and her baby going to the US?  It's very obvious that she intends to enter the US on the student visa to live with you and her daughter, marry you, and seek to stay with her baby by filing for AOS.

 

It's illegal to use a non-immigrant F1 student visa to enter the US with the intent to immigrate.  That's where your plan runs afoul of US laws.  
 

 

Edited November 17, 2018 by aaron2020

[Mini 30]

On 11/14/2018 at 12:57 AM, Shoshona said:

After my petition was approved I was email that there is a visa available for me and that I need to start on my process . My petitioner is my father who is currently a US permanent resident. I am an unmerried child but I recently had a baby with my partner and would like to add my child to my case. Me and her mother are not married. How do I add her to my case and what are required documentations? Do I need any other proofs beside having my name on her birth certificate listed as a father to add her? 

I believe you just need birth certificate.

 

But generally, if the baby is already attending school, get a school records, baptismal certificate, and any other docs that shows your name as his/father. 

 

Those other documents like permit to travel and mothers consent will be needing upon departure to US with you because you are not married.