QUESTION
Can I stay in the US on visa if I am married to a green card holder and am the father of a citizen?
Asked on Jul 08th, 2011 on Immigration - New York
More details to this question:
My wife is a Green Card holder and I got married with her after she had gotten the Green Card, my wife lived with me in Turkey for 3 months, and now she is back in USA and she is going to give birth to USA, can I travel and stay with my wife and baby? Also I have heard that if I have a child born in USA I can be carer for my baby, kindly note that I have a valid visa to USA?
5 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Unfortunately your marriage and U.S. citizen child gives you no automatic right to stay. In fact your visitor visa may be rejected if it is known you are married to a PR ("green card" holder) and have a citizen child as the border officers will be skeptical as to your plans to leave the U.S. and will see you as an intending immigrant. Further caring for a child is viewed as unauthorized work so be very careful what you say. If your visa is as a tourist the burden is on you to prove you truly intend to return as planned. Even if your wife filed a petition for you today it would be several years before this would benefit you unless she is eligible soon to become a U.S. citizen. I would recommend looking into getting a different visa type such as an investor visa to open your own business here if you would like to remain with your family while waiting for your wife to become a citizen.
Answered on Jul 18th, 2011 at 12:13 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You can ask for a visitor's visa to the US at your US consulate. Because you are married to a green card holder, it is very likely they will deny it because they will fear you will not leave the US once you get here. The alternative is for your wife to start the green card process for you. She can file the I-130 petition with DHS now. Under current processing times it will take about three years until you can enter as a green card holder. If your wife becomes a USC, then you can upgrade your petition and immediately move through the green card process.
Answered on Jul 15th, 2011 at 4:31 PM
If you have a valid tourist visa to the US, you can come in and stay for a period that is allowed by the border officer. You cannot stay indefinitely since tourist visa usually only give you several months period of stay.
Answered on Jul 15th, 2011 at 3:51 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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The short answer to both is NO. You cannot legally overstay your authorized stay and having a USC child does not give you the benefit you mentioned.
Answered on Jul 15th, 2011 at 2:22 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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No you cannot. Your wife will have to apply for you and you will have to wait like everyone else. There is no carer visa and your child will have no effect to speed up the application process.
Answered on Jul 15th, 2011 at 1:42 PM