Marriage and visa b2 ?

[Lemonslice 4,591]

7 hours ago, Nicky83 said:

Ill have to consult solicitor and go from there . 

Other wise the way things are the child be nearly 2 before they get to see each other as no intention of flying untill the baby is atleast 1 year old . Hence the visitor visa .

 

Ill leave this here 

 

Thanks every one for your time 

You might have to change your mind on not flying until the child is one, if you want them to see each other before. 

 

That, you have the power to change. Or, get private insurance and deliver in the UK -not sure if that's a possibility?

[Nicky83 1]

6 hours ago, SusieQQQ said:

🙄 same wife same husband same problems same issue of how to get him here… .

Yes but legally   think you need to read the last post in the thread before saying its the same .

Its not its different and looking for info through the correct channels and like most other threads are also about  getting the other half to the states . 

 

Your comment wasnt actually constuctive in a helping answer .

[Nicky83 1]

2 minutes ago, Lemonslice said:

You might have to change your mind on not flying until the child is one, if you want them to see each other before. 

 

That, you have the power to change. Or, get private insurance and deliver in the UK -not sure if that's a possibility?

Yes i can go to uk freely and is a option to have baby there but time will see what happens .

My brother got my kids here and all legal in under 2 months .They are staying with me now untill i move back to the UK .

 

We do plan to have a home here in the  USA and England as i bought some land off my mum but time will see .

 

Thanks for the reply

 

 

[belinda63 2,981]

Perhaps you should ask your brother how to get your fiance here since he was able to get your children here in less than 2 months.

 

Your fiance can apply for a tourist visa. He may or may not qualify for a waiver. All of that would be done by him. 

 

You can start the petition for his spousal visa. If it is denied at the interview due to his history he will be informed of that and if it can be waived. If it can be you can submit the waiver the day of his interview. 

 

Neither path will be quick. 

[Nicky83 1]

24 minutes ago, belinda63 said:

Perhaps you should ask your brother how to get your fiance here since he was able to get your children here in less than 2 months.

 

Your fiance can apply for a tourist visa. He may or may not qualify for a waiver. All of that would be done by him. 

 

You can start the petition for his spousal visa. If it is denied at the interview due to his history he will be informed of that and if it can be waived. If it can be you can submit the waiver the day of his interview. 

 

Neither path will be quick. 

That was for my kids not a spouse Yes was a short 2 month process . 

Great to have them here . 

But they dont have a record

He flew them over . Stayed a week before heading back to the uk on his own

All i can say hes a civil servant . 

[Chancy 6,233]

On 9/1/2021 at 5:11 AM, Nicky83 said:

My kids have recently been brought to stay with me in the USA . Happend over the course of a couple of months thanks to my brother . Kids are 18 and 15. In school and working already.

 

Are your kids US citizens?  Did they travel with their US passports?

 

Edited September 2, 2021 by Chancy
question on passports

[Nicky83 1]

27 minutes ago, Chancy said:

 

Are your kids US citizens?  Did they travel with their US passports?

 

Uk passports .

Only one born in the USA is my self and only moves here 6 year ago 

[Chancy 6,233]

24 minutes ago, Nicky83 said:

Uk passports .

Only one born in the USA is my self and only moves here 6 year ago 

 

If your kids entered with ESTA and it has been more than 90 days since their arrival, I hope you realize that they no longer have legal status in the US and are deportable.  Your 18-year-old is not allowed to work without a work permit or green card.  Have you filed their I-130/I-485 packages to adjust their status to permanent resident?

 

Edited September 2, 2021 by Chancy
added forms

[Chancy 6,233]

21 hours ago, belinda63 said:

Perhaps you should ask your brother how to get your fiance here since he was able to get your children here in less than 2 months.

 

Asking for clarification from OP, but it seems that her kids are not US citizens and now staying in the US illegally.

 

[belinda63 2,981]

There seem to be multiple issues if your family wishes to be able to travel to or live in the United States.

1. Obtaining a green card for your fiance. This has been discussed.

 

Due to the children entering on ESTA with UK passports and no mention of the children adjusting status I will assume they do not have green cards and thus did not have US citizenship. For the children to derive US citizenship from you they would have to a. Have permanent residency b. live with you in the US c. You have legal custody of the children d be under the age of 18 when all the previous happened. It is not too late for you to correct this issue with the youngest child. File the 1-130 and 1-485 for the child ASAP and as soon as the green card is approved (provided the child is still under the age of 18 and living in the US with you and you have legal custody) they will become a US citizen

 

2. The 18 year old is our of status and incurring time towards a ban to returning to the US. From the date the child turned 18 the overstay time began. Child is no longer eligible for ESTA. If it has been 180 days or more since the ESTA ended the child has a three year ban and if more than 364 days there is a 10 year ban that will begin when the child leaves the US. 

3. Did the child state they were a US citizen at any time on any paperwork such as for obtaining employment or a driver's license or social security card? If so this could be a serious problem as claiming to be a US citizen is a permanent bar from entering the US,. 

[Boiler 43,757]

Does sound like they are visiting.

[SusieQQQ 11,585]

On 8/31/2021 at 2:11 PM, Nicky83 said:

My kids have recently been brought to stay with me in the USA . Happend over the course of a couple of months thanks to my brother . Kids are 18 and 15. In school and working already.

 

14 minutes ago, Boiler said:

Does sound like they are visiting.

Not really if you read the quote above yours here, in school and working.  

Edited September 2, 2021 by SusieQQQ

[Boiler 43,757]

1 minute ago, SusieQQQ said:

 

Not really if you read the quote above yours here, in school and working.  

Commenting on the basis of entry, not whether they are complying with the terms of entry.

[Nicky83 1]

No they have not came on a ESTA . we have had quite a few meetings . They are legally here . Need to do as i say and obviously not be running riot. Alot has happend over the last few weeks . My son was initially online schooling due to his learning difficulties and starting school next week .

My daughter has the rights to work. They are under myself . I was the only one born in the USA  but brought up in Europe only moving to the USA 6 year ago 

Without the obvious assuming : they are not here illegally . !!! 

Im not willing to go through the ins and outs all i will say it wasnt easy but they are here thanks to my brother 

 

This was about my other half not my kids . 

 

Ill just end this here as obviously some are upset how i have my kids with me already and some are genuinely trying to help. 

 

[Boiler 43,757]

VWP is for visiting and very limited business activities.

 

The visa to go to school is the F1.

 

VWP confers no rights to work.

 

VWP admittance is for 90 days.