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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11886
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I have a question regarding bringing my partner (unmarried)

Customer Question

Hello! I have a question regarding bringing my partner (unmarried) over to the USA. I am an American citizen, he is British, and we are expecting a baby together in February 2016. Is there a way that he can get a special Visa/waiver, so he can stay longer than three months, given that he is the father of a child born in the US to an American mom? Thank you !
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

ANSWER: During this process, it will be my goal to provide you with a positive customer service experience. But please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. When you are giving a rating, consider my customer service, not the state of the law of the outcome of you situation. I cannot control those things. I am just a messenger.

I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. I can only control my customer service to you. Thank you for your understanding.

As to the answer, there is no special waiver or visa for what you seek. He can apply for a regular visitor visa, which will grant him entry for a maximum of 6 months upon entry, and the possibility to extend it for an additional 6 months. But that is the visitor visa that anybody is eligible for, not specific to the existence of a US citizen child.

A parent of a US citizen child is ineligible for any immigration benefits until the child turns 21 years of age. At that time, the child can file a petition for his parent to come to the US as an immediate relative, and only of the father acknowledges and/or legitimates the child prior to the age of 18. (If you get married, that would fulfill the obligations for acknowledgement or legitimation.)

If the officers know your partner is the father of a US citizen child, it will make it very difficult for him to come a a visitor at all. This is because they see such individuals as a high risk for overstaying any visitor status, or otherwise attempting to enter as a visitor, with the intent to stay, based on having very strong ties to the US. This is even more true of the relationship between the two of you.

So long story short, there is no basis for which he is eligible for immigration benefits to come to the US through his child. But he can apply for a visitor visa to come tot he US for at least 6 months, as explained prior.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

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If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else?

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