Robert9

My wife and our daughter are UK citizens. I am American. We Would like very much to not have to seperate if possible. Her ESTA is up in 20 days. We are a bit in over our heads trying to figure out what to do first, we have spoken with a lawyer briefly who told us in vague detail that it should be very possible for my wife and daughter to become permanent residence of the US, however I have not found a form which applies to our situation, or a good guide on how to get it all started. What we need to know is what forms to file and in which order. I am unsure if this is the correct sub-forum to post this in, if it is not I do apologize. Thank you in advance for any help at all you have to offer.

Also if there is any medical way to increase her allowed period to stay in the country, my wife was in a car accident here in the US recently and will be walking with crutches for some time, it would seem in her best medical interest to remain near her physical therapists and with people who can help her with our daughter as she is more or less indisposed. If this is not an option I understand, but we are curious as it feels like it may be necassary.

Noorah101

Hi and welcome to BE. You are in the correct forum.

Are you the biological father of the daughter, and is she also a US citizen?

Terminology is important in the immigration world, so just for your own information, your wife's ESTA is not up in 20 days. An ESTA is pre-approval to travel on the Visa Waiver Program (VWP). The VWP allows a stay of up to 90 days in the USA. So it is her VWP allowed time that has 20 days remaining.

There is no medical way to increase her allowed period to stay beyond 90 days, no. The allowed period is 90 days and that is all, no matter what the circumstances are.

Sometimes it is possible to adjust status after a VWP entry, but you should realize that if the Adjustment of Status (AOS) gets denied, your wife will be put into removal proceedings and you will have to think about making a life in the UK instead. Whether you choose to file AOS depends on your risk tolerance. If the adjusting officer feels your wife had intent to remain in the USA when she arrived at the POE, the AOS can be denied.

It sounds as though you were already married prior to her entry to the USA, is that correct? Or did you get married after her arrival? What was her intent when she came here, just a VWP visit and then return home? If you were already married prior to this visit, why had you not already started the spouse immigrant visa process?

And again, is this your biological daughter? If so, she might already be a USC. If not, your wife will need permission from the biological father in order for the child to stay in the USA. How old is the daughter?

Your wife may be on crutches now, but will it be impossible for her to fly back to the UK in the next 20 days? The way you worded it is that you'd simply LIKE not to be separated, and that it would be in the best medical interest for her to stay in the USA, not that it would be impossible. The safest thing to do is to have your wife return to the UK to do a spouse immigrant visa process. If the daughter is a USC, she can stay in the USA. If not, she'll return home with your wife and also do the immigrant visa process.

What about your wife's property back in the UK? Her job? The daughter's school? Is she in a position to simply abandon all those so quickly?

Rene

Robert9

We were not married when my now wife came here, we decided to get married after she was in a serious car accident at the beginning of December. There was no intention of that happening prior to her visit. The fact that she could have died promted us to get married in the same month.

My daughter is my biological daughter who is just 6 months old. I was there for the birth but was not able to be on the birth certificate as i had to leave the UK a few days after her birth which was a C-section and my daughter had to go for surgery, hence the birth certificate not being filed right away.

The condition my wife is in right now, it would be nearly impossible for her to go back to the UK. She's on crutches and would have to carry our daughter though 3 airports along with luggage alone, she has a broken pelvis and is recieving physical therapy.

As far as my wife's life back in the UK, she lives with her father who is not a nice man in an apartment which is too small for everyone, the employment rate in her area is so low she couldnt find work and my daughter's too young for school.

We have no idea where to start, and if at all possible would like to know how to proceed.

Robert

Noorah101

You are the biological father of the daughter, so she needs a US Passport. She should have gotten one in the UK and used that to enter the USA rather than the VWP. You should take the steps now to get her a US Passport.

I suggest having at least a 1-time consultation with an immigration attorney regarding filing AOS. As I said, it is not without risks. If you are willing to take the risk, consult with an immigration attorney within the next 20 days. You have some factors such as your wife having no reason to return to the UK (i.e. she had no property or job, making it a more obvious case that she intended to stay), plus she has a USC husband and child....adding to the lure to stay in the USA.

Rene

Noorah101

Just out of curiosity, what was your plan had your wife not had this car accident? At what point were you going to file for a spouse immigrant visa?

Rene

scrubbedexpat099

https://www.uscis.gov/greencard/adjustment-of-status

Agree there is a lot of detail missing, sounds like a step daughter? Been here 70 days so not of school age? Forget that need to go and read the updates.

scrubbedexpat099

Sounds like your Daughter may be a USC? There are certain requirements but is there any reason she would not be? Normal route would have been Consulate Report Birth Abroad. Get a US Passport and travel on that.

Robert9

Thank you for the infomation.

If she hadn't have gotten into the accident she would have gone home, to her dad and the apartment and we would have filed a fiance visa, we've been engaged for 2 years. After the crash we really dont want to break the family up as she could have died that day. We planned the wedding and called around people between Christmas night and we married on the 30th. It was very sudden.

She has a hospital appointment for her daughter set up back home, a dad she loves (even though he isnt great in my opinion.) She was also applying for government housing for months in order to move and had many appoinents to try get her own suitable house.

Thinking about it, she actually does have an apartment under her name but she was staying with her dad because of the baby, more help and support as she is a new mom. All her belongings, sentimental possessions are there.

Robert

scrubbedexpat099

Suggest one at a time, your Daughter may be a USC, so https://travel.state.gov/content/tra...th-abroad.html

Robert9

Will call the embassy ASAP as unsure how i can file this from the US.

Robert

scrubbedexpat099

Child born abroad to one U.S. Citizen parent and one non U.S. Citizen

A child born on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.

Does she qualify, might be a case of just filing for a Passport, pretty sure I have seen this arise before but forget the solution.

Robert9

Does this apply if her birthcertificate does not have me present? I was thinking a paternity test might have to happen?
(She qualifies)

Robert

scrubbedexpat099

I assume you will need a US Court Order recognising your parentage. That would be the first step.

Noorah101

You really don't want to be calling a US embassy abroad for this sort of thing. Others have provided the information, I see.

Rene

civilservant

How are the medical bills being paid? One wonders if she might run afoul of the new regulations regarding public charge.