zubekakkin OP t1_j6ftzxv wrote on January 30, 2023 at 12:58 AM

Reply to comment by fatevilbuddah in TIFU by sending my pregnant wife to China by zubekakkin

Also, I should clarify because this doesn't seem known. Being married to an American does not give someone the right to US citizenship. It makes them eligible to apply for a green card with a number that is not limited. However, it still takes 12- 18 months and costs at least 1500$ and that is when things are good.

fatevilbuddah t1_j6ge7uo wrote on January 30, 2023 at 3:17 AM

I know, but this op sounds like they would pass the sniff test no problem. It's not a mail order bride situation. I will have to reread the op but I think they already had one kid here, if my brain is running right, which makes it an even easier thing to do. The 12-18 months is the total time but you can get a temp card immediately if you're not a suspicious family. I have friends who did it. It's a matter of getting a good immigration lawyer and if the state has no objections, it's a done deal. This op doesn't seem to say money is nonexistant, and even then pro Bono work and even law students can help fill out paperwork and offer free advice, just not as a professional. It's not fast and easy, it's slow, tedious and full of red tape, but its not hard, just more annoying than most people will deal with.

zubekakkin OP t1_j6gllrk wrote on January 30, 2023 at 4:13 AM

My understanding is that if we were to enter the country on a tourist visa and overstay, then we would be ineligible for the green card because we entered the country under false pretenses and that disqualifies you from getting residency. Yes, one child is American but was born abroad.

fatevilbuddah t1_j6pb87j wrote on January 31, 2023 at 10:59 PM

Get in on your tourist Visa, and apply for asylum and your card from here, do it without overstaying. You have an American son, and thats generally an almost given that they will work with you and make you a special case. The fact is you should be able to go to the American embassy wherever you are and ask to talk to someone but you're not sure who. They will help direct you to the right place, and because your son is American, they will help with the paperwork and help expedite it. You probably wouldn't even be on a tourist Visa. There is a list of visa types, legnths and rules and I'm sure there is one for your situation that may be much more beneficial. Hell, ask at the embassy if you can do a naturalization test at the embassy. Then you don't need to file for a green card. You're an American and you're going home with your new passports.