VN citizen with USC child

[RocketElephant 7]

Hello All,

 

Is it possible for a VN citizen with a US citizen child to get a green card to the US?

 

The reason that I'm asking is my wife (VN citizen) and I (US citizen) would like our daughter (dual US and VN citizen) to get some of her education in the USA.

 

I know we could do the CR1, but that would require me to go with them to the US. What we'd like is for my wife and daughter to spend a school year in the US and spend the summers in Vietnam. I thought about my wife just using the B2 tourist visa (she's had it before), but I read that you need to spend 50% of the year out of the US. As the school year is approximately 10 months, I don't think the B2 is applicable for our case. That's why I'm asking about agreen card.

 

So, is it possible for my wife and daughter to go to the US for a school year with my financial support from Vietnam?

 

Thanks in advance for your help!

[Roel 7,193]

No. It's not possible. 

If your wife wants to live in the US for majority of the year, you need to do cr1 Visa and get her a green card. 

 

She cannot stay 10 months on b2 Visa. She cannot use b2 Visa to live in the US as she is intending to. Her chances of being allowed entry with USC husband and child are pretty low anyway. 

[aleful 1,905]

hi

 

possible  to get a green card through a US spouse, yes, but not the way you want to, the way you want to isn't possible, a green card is for living in the US, for reunification

 

if you're not going to move here permanently, then there is no reason for a GC

 

 

[geowrian 22,338]

Where does she actually intend to actually live? Where do you intend to actually live?

If it's in the US, then she needs a visa that permits residency....a CR-1/IR-1 immigrant visa being the most logical choice.

If it's not in the US, then she needs a visitor visa.

 

A green card requires maintaining permanent residency with the US.

A tourist visa does not permit living in the US.

 

If she wants to live in the US, her petitioner must also establish domicile in the US. It's a family reunification visa...there's no reunification if you aren't coming too.

 

Something will have to give - either you go with her, she doesn't go at all, or you abandon the plan to study in the US.

Edited April 19, 2019 by geowrian

[aleful 1,905]

 

plus just having your daughter come here for one school year will do more harm than good, if there is no continuation, then it won't accomplish anything

 

if you don't plan to move here, she can come here when she's older, if you have family here, she can come to do high school and live with a family member

[RocketElephant 7]

Wow, thanks for all of your prompt replies! I don't know if the green card is right for us, as we've no intent to immigrate. That's why I'm posting in the forum, "Which Visa Do I Need".  Please allow me to reply to a few of you which addressed me directly.

 

52 minutes ago, Roel said:

Her chances of being allowed entry with USC husband and child are pretty low anyway. 

Well, she's already been approved for the B2 twice before. We've got a house and bank accounts which are enough to demonstrate the 'strong ties' requirement.

 

45 minutes ago, geowrian said:

Where does she actually intend to actually live? Where do you intend to actually live?

Both her and I wish to reside in Vietnam.

 

6 minutes ago, aleful said:

 

plus just having your daughter come here for one school year will do more harm than good, if there is no continuation, then it won't accomplish anything

 

if you don't plan to move here, she can come here when she's older, if you have family here, she can come to do high school and live with a family member

I do have family in the US and we've considered having my daughter live with my sister while she's in school, but it's kind of a lot to ask. As my daughter is just a child she needs an adult to cook, clean, do laundry and other things like that. Our intent is not that she gains a full US education, if we wanted that, then we'd simply emigrate back to the US. Our goal is English language immersion and acquisition. Additionally, I feel it would be good for her to experience both education systems.

 

From what I'm hearing from everyone is that there is no way to have my daughter go to the US for 10 months and have her mother accompany her while she's there. Is that correct? 

[aleful 1,905]

hi

 

correct

 

 

[Roel 7,193]

Yeah unfortunately your plan wont work but it also make no sense. If you dont plan on living in the US then let your kid go to the school and make friends where you reside right now. 

[RocketElephant 7]

While I'll probably have to send my daughter to live with my sister for a year and send my wife for just a few months, it certainly does make sense. Where we live the language is 100% Vietnamese with very little spoken English. There aren't any international schools here either, and the ones that are nearest can cost tens of thousands of dollars per year. It's definitely cheaper to send her to the US to get the English language immersion. It's like study abroad which many students do.

 

Either way, thanks for all your prompt replies!

[PaulTheSheik 20]

3 hours ago, RocketElephant said:

So, is it possible for my wife and daughter to go to the US for a school year with my financial support from Vietnam?

Yes it is possible. You are receiving inaccurate information. Your wife can receive initial entry for one year (it happens but not very usual) or an initial six months and file an extension before the six months expires.

 

Quote

One year is the maximum possible period of initial admission. 8 CFR 214.2(b)(1):  (b) Visitors -  (1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each, except that alien members of a religious denomination coming temporarily and solely to do missionary work in behalf of a religious denomination may be granted extensions of not more than one year each, provided that such work does not involve the selling of articles or the solicitation or acceptance of donations. Those B-1 and B-2 visitors admitted pursuant to the waiver provided at § 212.1(e) of this chapter may be admitted to and stay on Guam for period not to exceed fifteen days and are not eligible for extensions of stay.

https://www.law.cornell.edu/cfr/text/8/214.2#b_1

 

Permissible activities for a B2 visa include tourism or to visit family and friends. The  question is whether the consular officer and immigration officer will interpret what your wife is coming for (accompany your daughter and provide parental care for her while in school) as work, in which case it would be prohibited.

 

In my opinion you have little to lose (approximately $160 in application fees) by her applying and your spouse making clear to the consular officer her intentions. There are visa/immigration officers who will have no issue with the plan.

 

Remember VJ contributors are neither immigration attorneys nor immigration officers. 

Edited April 19, 2019 by PaulTheSheik

[Roel 7,193]

35 minutes ago, PaulTheSheik said:

Yes it is possible. You are receiving inaccurate information. Your wife can receive initial entry for one year (it happens but not very usual) or an initial six months and file an extension 

 Extension is NOT guarantee and you actually need a proper reason for it, like emergency. 

 

What do you think USCIS will do if wife will ask for extension so she can just live in the US longer? In her b2 Visa? They will cancel her visa at that very moment. 

 

Wife will not get one year entry. 6 months is a max. She does not have any special circumstances. She doesnt even plan to use her b2 Visa as a tourist which already is bad. Your post might be more harmful than anything. 

[Crazy Cat 43,532]

2 hours ago, RocketElephant said:

as we've no intent to immigrate.

Then a Green Card is out of the question...........and that B2 plan mentioned above is too full of holes and is unlikely to work. The US citizen child could stay with relatives, if that's what you really want to do........

[PaulTheSheik 20]

8 minutes ago, Roel said:

 Extension is NOT guarantee and you actually need a proper reason for it, like emergency. 

 

What do you think USCIS will do if wife will ask for extension so she can just live in the US longer? In her b2 Visa? They will cancel her visa at that very moment. 

 

Wife will not get one year entry. 6 months is a max. She does not have any special circumstances. She doesnt even plan to use her b2 Visa as a tourist which already is bad. Your post might be more harmful than anything. 

You’re just giving your opinion which I have proved wrong with legal reference. You didn’t even know that one can stay in the USA for 10 months (even 12) straight legally and that there exists a one year initial admission.

 

I provided my references not opinion, not interested in a game of one upping. The OP is free to choose whether to believe opinion or facts.

[Roel 7,193]

39 minutes ago, PaulTheSheik said:

You’re just giving your opinion which I have proved wrong with legal reference. You didn’t even know that one can stay in the USA for 10 months (even 12) straight legally and that there exists a one year initial admission.

 

I provided my references not opinion, not interested in a game of one upping. The OP is free to choose whether to believe opinion or facts.

I know you can get an extension. 

 

But I also know you need special circumstances which OPs wife doesnt have. She is already borderline violating her b2 visa.  

[Cryssiekins 976]

1 hour ago, PaulTheSheik said:

You’re just giving your opinion which I have proved wrong with legal reference. You didn’t even know that one can stay in the USA for 10 months (even 12) straight legally and that there exists a one year initial admission.

 

I provided my references not opinion, not interested in a game of one upping. The OP is free to choose whether to believe opinion or facts.

The link you posted is credible, yes, however, there’s a LOT of discretion used by CBP, in the same way that criminal law dictates minimum and maximum sentences and judges can use that as a range.  

 

Unless you are a US citizen, there is no absolute right to be admitted to the US.  Sure, it’s possible for the OP’s wife to get admitted for a year, or 6 months and file an extension, but in terms of realistic expectations, that would likely NOT happen.  

 

His alternative option of having having his daughter stay with family and have his wife visit for a portion of time (assuming she is granted a visa, which I think she can obtain especially with strong ties to her home country like her partner staying there) is the better choice for his family with a higher potential for success.

Edited April 19, 2019 by Cryssiekins
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