Marocco

Another thing to consider: if she leaves the US (e.g. because her visa expires), she may not be allowed to take the child out of the country without the father's consent.

LeftAloneInUK

Hi,

Don't mean to sound argumentative.

But would you have suggested we did differently...?

Thank you.

I plan to have the baby in the UK. Already aware of the high price of health care in the USA. Unfortunately it means that I will not have my partner around at the time of the birth as he has a new job in the USA and can't get leave.

Rete
My boyfriend was brought legally to the USA by his parents when he was a child. His dad was working for a British company, on a work visa. When a child turns 21 his parents cannot sponsor the child any more and the child has to return home. His other younger brothers and sisters were all born in the USA. His parents later divorced and they both married Americans and got their citizenship that way. They divorced because his dad was having an affair, not for so that could marry Americans to get visas.

As my boyfriend siblings are natural born citizens, his parents citizens through marriage and he has spent a large part of his life in the USA it is only understandable that he wishes to be with his family in the USA.

I have a BA, MA, and a PHD in History, I also have a BS in Physics.

Marocco

She didn't actually say that her partner had no legal status, only that he had to leave the US when he turned 21. This could have happened, for example, if his mother had been an E2 visa holder.

Noorah101

That's OK, I was just wondering why you both didn't research and understand more about the options before he moved to the USA, and before getting pregnant, to make sure the whole process would be smoother. You mentioned that if he had married you, it would have changed his immigration category and added another few years to the wait time. But that might have been a better option overall, allowing you to stay together as a married couple, have the baby together, and immigrate together. As it is now, you're still faced with an added few years until you can immigrate...but now it's apart and alone with a baby. I understand what's done is done, I was just thinking you guys could have made a better decision if you had been better informed...maybe posting this as a reminder those reading your thread in the future, to do all your homework ahead of time.

I am really sorry he won't be there for the birth, I know that must be a special time that you must have both wanted to go through together.

Rene

meauxna

They plan to marry; I'm sure their immigration decisions will be mutually compatible?

I think Rene was commenting more on your surprise in this moment about what would happen after your BF's parent-driven immigration went through (IE, you didn't marry because you knew it would change his category).
There wasn't much of a different way to do it, other than planning your pregnancy differently.

The point is, the situation for you NOW is 1000% better than it was at this time last year. Up to just very recently, the wait for a visa number for the spouse of a PR was about 5 years, +the year of visa processing. If you start to learn about this (and really, imo, HE should be the one doing some work on your behalf.. you're going to be a little busy) process so you can be ready to strike the moment a visa is available.

I understand that it's not ideal, with the baby and all, but if you are not going to be able to go immediately on an employment visa, all you can do now is to start working all your options. Like that job offer you had before.. stay in touch with them. Perhaps they'll be willing in a half year or later when you are ready, post-baby, to relocate.

Rete

I questioned it because it is highly unusual for someone to get a work visa and after 15 years still not have a green card.

She replied just before you wrote with their visa status at the time they were living here.

LeftAloneInUK

Thank you both.

You are both being really kind and helpful.

I think the best thing to do is to have the baby and then try and get a study visa, if not I will just have to wait a few years.

I can't believe it used to be five years! It seems a very long time to wait to be with someone you love.

Really I do understand America has a big immigration problem, I don't mind waiting my turn in the line to come to the USA legally and to pay my own way.

Nutmegger

Don't forget that you and the baby are his family, too! At his age, I would have thought that you would trump mum and dad and the siblings!

Noorah101

Why don't you want to get married ASAP and do the Immigrant Visa?

Or do you mean: Get married ASAP and get the I-130 in the system...and then in the meantime try for a student visa? The problem with that would be, you'll have immigrant intent, and students are not supposed to have immigrant intent.

Come to think of it, might be hard to overcome the immigrant intent that goes along with a student visa, even if you aren't married yet. After all, your SO lives in the USA, and your baby is his.

Rene

LeftAloneInUK

Good point, I was just wondering that too.

I guess we should just get married and get the I-130 in the system.

In the long run, I guess this would be quicker too. It would save having to go through another change of visa at a later date.


Do you think they would have a problem with my boyfriend soon to be husband flying back and forth from the USA to the UK often to visit us?

Nutmegger

LOL You would think so.

meauxna

Good questions to pose to the immigration lawyer.. the more irons in the fire, the better?