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GC holder marrying gf with kid.

GC holder marrying gf with kid.

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Old Sep 15th 2004, 10:59 pm
  #1  
Joe
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Default GC holder marrying gf with kid.

Hi!

I'm holding GC from previous married. In previous married life, I got
my GC after 5 years of married (she sponsored me), then stayed
together after 1 year but finally got divorced. I have the permanent
GC not the 2 years restrition one.

Met my girlfriend in different country and she has 3 months old kid by
me. We are planning for a wedding early next year.

I have almost 3 years as GC holder as of now.

I was told that the best way is:

A. Bring her in with F1 visa (don't get marrid until arrive in the
USA), not sure how easy to get visa for the baby.
Stay in status for her as student, yes she can get her Master degree
here. And get marry. By the time in 1,5 years more I can get my
citizenship and hope for speedy processing in 1 year max and sponsor
her and the baby for GC. Just in time for her F1 expires

B. Next is... get marry and start GC in counsular processing will take
5 years or so, she has to stay outside the USA. And then when I got my
USC change the paperwork.

C. Other suggest, for her to find a job that someone want to sponsor
her for H1B. Get in the USA with that and the baby or bring the baby
after a few months. Stay working in the same company. Get married,
then when I got my citizenship, I can sponsor her and the baby.
Question is, will the US Consulate give the baby a visa in the first
place? Will there be a question who is the dad whether the dad is in
the USA on the visa application? She have a 4 year bachelor degree in
accounting.

Until then... looks like the 1st or the last is the most make sense
choice..... the second one will be hard for us.

Any other much better choices for us?

Thanks very much.
 
Old Sep 19th 2004, 11:17 pm
  #2  
Amanda
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Default Re: GC holder marrying gf with kid.

Joe <[email protected]> wrote in message news:<[email protected]>. ..
    > Hi!
    >
    > I'm holding GC from previous married. In previous married life, I got
    > my GC after 5 years of married (she sponsored me), then stayed
    > together after 1 year but finally got divorced. I have the permanent
    > GC not the 2 years restrition one.
    >
    > Met my girlfriend in different country and she has 3 months old kid by
    > me. We are planning for a wedding early next year.
    >
    > I have almost 3 years as GC holder as of now.
    >
    > I was told that the best way is:
    >
    > A. Bring her in with F1 visa (don't get marrid until arrive in the
    > USA), not sure how easy to get visa for the baby.

If she applies for student visa, the baby should apply for dependent F-2 visa.

    > Stay in status for her as student, yes she can get her Master degree
    > here. And get marry. By the time in 1,5 years more I can get my
    > citizenship and hope for speedy processing in 1 year max and sponsor
    > her and the baby for GC. Just in time for her F1 expires
    >
    > B. Next is... get marry and start GC in counsular processing will take
    > 5 years or so, she has to stay outside the USA. And then when I got my
    > USC change the paperwork.

Bad route.

    >
    > C. Other suggest, for her to find a job that someone want to sponsor
    > her for H1B. Get in the USA with that and the baby or bring the baby
    > after a few months. Stay working in the same company. Get married,
    > then when I got my citizenship, I can sponsor her and the baby.


    > Question is, will the US Consulate give the baby a visa in the first
    > place? Will there be a question who is the dad whether the dad is in
    > the USA on the visa application?

Hope someone can answer these questions.

    > She have a 4 year bachelor degree in
    > accounting.
    >
    > Until then... looks like the 1st or the last is the most make sense
    > choice..... the second one will be hard for us.

    >
    > Any other much better choices for us?
    >
    > Thanks very much.
 
Old Sep 20th 2004, 12:12 pm
  #3  
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Default Re: GC holder marrying gf with kid.

Originally Posted by Joe
Any other much better choices for us?
Much better I don't know, but an option overlooked a lot (although it is getting more attention these days) is to move to her country.

Depending on when you are eligible for naturalization, option 2 could still be the best choice if you want to try and settle your family in the US.

Elaine
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Old Sep 20th 2004, 8:27 pm
  #4  
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Default Re: GC holder marrying gf with kid.

this option is not overlooked -- it's just plain wrong. Once you establish permanent residency in some other country, you will lose your U.S. permanent resident status. So moving to another country is difficult and dangerous. Then, all three of them may not be able to move to the States. That's, if he can even move to her country.
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Old Sep 20th 2004, 8:40 pm
  #5  
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Default Re: GC holder marrying gf with kid.

Originally Posted by LucyMO
this option is not overlooked -- it's just plain wrong. Once you establish permanent residency in some other country, you will lose your U.S. permanent resident status. So moving to another country is difficult and dangerous. Then, all three of them may not be able to move to the States. That's, if he can even move to her country.
Why is it wrong? Maybe he doesn't want to keep his permanent resident status. What's dangerous about that? He's looking for options. This is one.

It may be difficult for him to move to a different country, but it is also difficult for her to move to the US.

If he wants to know if he can move to her country, he needs to look into that. I don't know why people always say 'if he even can', because there is just as much chance that it might be easier.

I am not saying I think he should move away. I'm saying it's an option. He didn't ask for 'options you would choose' or 'options you feel are right'. He asked for options, period. He's the one that needs to make up his mind from a wealth of information in front of him. Why not throw everything out there so he can pick for himself? Why do people always feel the need to feed people information they agree with? *grumble*

Nothing personal, Lucy.

Elaine
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Old Sep 21st 2004, 11:33 pm
  #6  
Sylvia Ottemoeller
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Default Re: GC holder marrying gf with kid.

"Amanda" <[email protected]> wrote in message
news:[email protected] m...

    > Joe <[email protected]> wrote in message
news:<[email protected]>. ..

    > > I'm holding GC from previous married. In previous married life, I got
    > > my GC after 5 years of married (she sponsored me), then stayed
    > > together after 1 year but finally got divorced. I have the permanent
    > > GC not the 2 years restrition one.
    > >
    > > Met my girlfriend in different country and she has 3 months old kid by
    > > me. We are planning for a wedding early next year.
    > >
    > > I have almost 3 years as GC holder as of now.
    > >
    > > I was told that the best way is:
    > >
    > > A. Bring her in with F1 visa (don't get marrid until arrive in the
    > > USA), not sure how easy to get visa for the baby.

    > If she applies for student visa, the baby should apply for dependent F-2
visa.

    > > Stay in status for her as student, yes she can get her Master degree
    > > here. And get marry. By the time in 1,5 years more I can get my
    > > citizenship and hope for speedy processing in 1 year max and sponsor
    > > her and the baby for GC. Just in time for her F1 expires
    > >
    > > B. Next is... get marry and start GC in counsular processing will take
    > > 5 years or so, she has to stay outside the USA. And then when I got my
    > > USC change the paperwork.

    > Bad route.

    > > C. Other suggest, for her to find a job that someone want to sponsor
    > > her for H1B. Get in the USA with that and the baby or bring the baby
    > > after a few months. Stay working in the same company. Get married,
    > > then when I got my citizenship, I can sponsor her and the baby.

This is good, except that an H-1B is not a slam dunk for an accountant
position. Be sure to have a good immigration attorney involved.

    > > Question is, will the US Consulate give the baby a visa in the first
    > > place? Will there be a question who is the dad whether the dad is in
    > > the USA on the visa application?
    > Hope someone can answer these questions.

The baby is eligible for an F-2 visa if the mother is eligible for an F-1
visa. However, the baby's visa application could bring up some problems.
See Form DS 156, question 37, http://evisaforms.state.gov/DS156_English.pdf.
This requires the disclosure of your existence. (Of course if your
girlfriend considered herself engaged, she will have to disclose information
about you as well.) The F-1 and F-2 visas require temporary intent, and so
the visa application may be denied in this case because it will be assumed
she intends to become a U.S. permanent resident.

Your girlfriend can always try, and have a backup plan.

    > > She have a 4 year bachelor degree in
    > > accounting.
    > >
    > > Until then... looks like the 1st or the last is the most make sense
    > > choice..... the second one will be hard for us.

    > > Any other much better choices for us?
 

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