Few days of J1 au pair visa overstay before AOS

[appleblossom 4,411]

26 minutes ago, Boiler said:

VWP is for the squeaky clean, personally I would not worry about naturalisation, the child would get it anyway when the Mother does.

Or before if the OP is a citizen by the time the child enters the US on his/her immigrant visa. 

[OldUser 9,910]

22 minutes ago, Boiler said:

VWP is for the squeaky clean, personally I would not worry about naturalisation, the child would get it anyway when the Mother does.

I think OP wants to skip naturalization step altogether for child so they're born US citizen (btw why not "citisen" in British English 😅)

 

But they can't have it both ways:

- Child born on US soil as US citizen

- Child's mother is in valid status

 

As you correctly mentioned, child's path to citizenship through mother's naturalization is the most legal and straightforward path. Yes, it does mean OP has to go to foreign country etc.

 

 

[Boiler 47,473]

Only one English. Because that it is the way it is spelt.

 

And only English in the Upper Forums.

 

And it is naturalisation btw.

[AKvisajourney 1]

So based on discussion so far. I feel like best option would be to send her back to austria by july 14 and bring her back in august via ESTA before baby bump is visible, have delivery in USA, so baby has citizenship and also file her i-485 as PD would be current by then and once i485 is filed she can also stay in the usa.

Edited June 28 by AKvisajourney

[appleblossom 4,411]

12 minutes ago, AKvisajourney said:

So based on discussion so far. I feel like best option would be to send her back to austria by july 14 and bring her back in in august before baby bump is visible, have delivery in USA, so baby has citizenship and also file her i-485 as PD would be current by then and once i485 is filed she can also stay in the usa.

You're still not getting it. That would be immigration fraud! 
 

But even without that rather massive flaw in your plan it is fraught with difficulties. At 7 months pregnant it’s unlikely that wouldn’t be obvious, she’ll probably need a doctors note to fly, she’s at risk of blood clots on a long haul flight, and then even if she makes it on to the flight (airline staff may refuse her boarding) then she’s at risk of being refused entry and detained when heavily pregnant, as she’ll be returning after only a month or so out of the country. Why on earth would you put her through all that? And risk her getting a lifetime ban from the US too?  

 

I’m sorry to be blunt, but you’re being incredibly selfish and ignoring the only sensible choice just so your child can be born a USC rather than wait a bit to become one. I have no idea why. 
 

 

Edited June 28 by appleblossom

[Boiler 47,473]

Are you reading the same comments I am?

[AKvisajourney 1]

43 minutes ago, appleblossom said:

You're still not getting it. That would be immigration fraud! 
 

But even without that rather massive flaw in your plan it is fraught with difficulties. At 7 months pregnant it’s unlikely that wouldn’t be obvious, she’ll probably need a doctors note to fly, she’s at risk of blood clots on a long haul flight, and then even if she makes it on to the flight (airline staff may refuse her boarding) then she’s at risk of being refused entry and detained when heavily pregnant, as she’ll be returning after only a month or so out of the country. Why on earth would you put her through all that? And risk her getting a lifetime ban from the US too?  

 

I’m sorry to be blunt, but you’re being incredibly selfish and ignoring the only sensible choice just so your child can be born a USC rather than wait a bit to become one. I have no idea why. 
 

 

Otherwise, i would have to wait for delivery in October and then few more months before the baby can fly to bring them to USA.

In that case also wife would have to come in on ESTA and then file i-485.

[OldUser 9,910]

1 hour ago, AKvisajourney said:

So based on discussion so far. I feel like best option would be to send her back to austria by july 14 and bring her back in august via ESTA before baby bump is visible, have delivery in USA, so baby has citizenship and also file her i-485 as PD would be current by then and once i485 is filed she can also stay in the usa.

No

[OldUser 9,910]

10 minutes ago, AKvisajourney said:

Otherwise, i would have to wait for delivery in October and then few more months before the baby can fly to bring them to USA.

That's the right and legal way to do it. Coming to the US on ESTA with intention to adjust is fraud.

[appleblossom 4,411]

13 minutes ago, AKvisajourney said:

Otherwise, i would have to wait for delivery in October and then few more months before the baby can fly to bring them to USA.

In that case also wife would have to come in on ESTA and then file i-485.

On my word. Coming on ESTA with the intention of filing I-485 and staying is IMMIGRATION FRAUD and risks a lifetime ban from the US. I really don’t know how many more times we can tell you that?! That is not an option. 
 

Your wife must leave by 14th July. You then switch to consular processing. You can go to Austria for the birth. You both wait until your wife gets her visa but can visit each other in the interim, or you could even explore staying in Austria if you get a re-entry permit (caveat: I have no idea what’s required for spouses of Austrian citizens) . That is the only correct legal way to do it unless your wife can get herself another type of visa. 

 

[AKvisajourney 1]

1 hour ago, appleblossom said:

On my word. Coming on ESTA with the intention of filing I-485 and staying is IMMIGRATION FRAUD and risks a lifetime ban from the US. I really don’t know how many more times we can tell you that?! That is not an option. 
 

Your wife must leave by 14th July. You then switch to consular processing. You can go to Austria for the birth. You both wait until your wife gets her visa but can visit each other in the interim, or you could even explore staying in Austria if you get a re-entry permit (caveat: I have no idea what’s required for spouses of Austrian citizens) . That is the only correct legal way to do it unless your wife can get herself another type of visa. 

 

So i would have to change existing AOS i130 for wife to consular processing and And also start new i130 petition for the baby parallely?

and baby would also come on ESTA during these visits while waiting for consular processing?
 

[OldUser 9,910]

23 minutes ago, AKvisajourney said:

So i would have to change existing AOS i130 for wife to consular processing and And also start new i130 petition for the baby parallely?

and baby would also come on ESTA during these visits while waiting for consular processing?
 

Yes

[appleblossom 4,411]

7 hours ago, AKvisajourney said:

So i would have to change existing AOS i130 for wife to consular processing and And also start new i130 petition for the baby parallely?

and baby would also come on ESTA during these visits while waiting for consular processing?
 

Pretty much! You’ve got it now. 👍
 

The only thing is that you don’t need to submit a separate I-130 petition for your child - s/he can just be added as a derivative beneficiary to your wife’s application at the NVC stage. 
 

And your baby may become a citizen upon entry to the US on his/her immigrant visa, depending on your status at the time. 
 

Good luck. 

Edited June 28 by appleblossom

[Crazy Cat 44,445]

8 hours ago, AKvisajourney said:

and also file her i-485 as PD would be current by then and once i485 is filed she can also stay in the usa.

No,  That is fraud.

[Crazy Cat 44,445]

8 hours ago, AKvisajourney said:

would have to come in on ESTA and then file i-485.

She cannot enter as a visitor on ESTA and file an I-485.  We have repeatedly said that.