Children were born in U.S., Don't declare them?

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obiwan

Registered Users (C)
Good day,

I have a peculiar situation.

I was wondering if someone could help me. I will be appying for an H1-B and I would like to bring my family as well (wife will apply for H4), but our 3 children were all born in the US and have US passports).
I am worried that the interviewing officer in our countrys embassy might give us a hard time since my wife gave birth in the US on a tourist visa 3 times (but we fully paid cash for all birth expenses, we did not use welfare,).

Is it possible to NOT declare our children in our application . Then once my wife and I have our H1 and H4 visas, can we simply take our US citizen kids with us when we fly to the US?

Appreciate any comments.

THANKS! :confused:
 
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Provinding false information or intentionallly misleading or incomplete information could have serious consequences for all immigration matters. Best to state the truth. Did you go to the US just so that your kids could become US citizens?
 
Havent seen a perfect timing like this! :cool:

Cant be coincidence.No Way. :rolleyes:

If asked, you got to disclose all the info buddy.
 
I assume you are in the US, currently which Visa ??

Where will your wife apply for her H4?Which Consulate?

Where are your all 3 children right now?If not in the US, will they accompany your wife to US?
 
obiwan said:
Good day,

I have a peculiar situation.

I was wondering if someone could help me. I will be appying for an H1-B and I would like to bring my family as well (wife will apply for H4), but our 3 children were all born in the US and have US passports).
I am worried that the interviewing officer in our countrys embassy might give us a hard time since my wife gave birth in the US on a tourist visa 3 times (but we fully paid cash for all birth expenses, we did not use welfare,).

Is it possible to NOT declare our children in our application . Then once my wife and I have our H1 and H4 visas, can we simply take our US citizen kids with us when we fly to the US?

Appreciate any comments.

THANKS! :confused:
Click to expand...
Mention all your kids on the application. It will not hurt you. Not mentioning will surely hurt you sooner or later.

It is no crime to have kids in USA. Do not worry, it will not hurt really - it is all your speculation.
 
Dear Raj1994, GCChaarhiye, Jharkhandi

Thank you very much for your extremely helpful replies. :) You helped me to not make a foolish decision with what I was planning to do. We are all in the philipines now and mine is a B visa. (my cousin was able to help me find a job in his bank)

Our first two kids were born there since my wifes family owned a electronics manufacturing plant which she would visit on her current B visa (she was not formally employed there though) and decided to give birth there as well. But the plant closed and eventually we decided that our 3rd be born there as well.

Anyway, thank you so much again. I really appreciate the help
:D
 
You said in your original post that you were planning to apply for H1B and H4. These visas are dual intent and you do NOT need to have to prove that you have no intent to immigrate. (Unlike B and F visas, which are nonimmigrant, and hence having US citizen children may make it hard for you to get those visas). Hence, I do not see any legal basis for rejecting your application. However, if you did lie on the application, then you'd provide them the legal basis to reject, in effect, shooting yourself in the foot!!

Also, make sure you take all documentation that they can ask for, about yourself, as well as your sponsoring employer company, and make sure your case is other "water tight". Don't give them any reason to reject, cover all grounds.

If they question you about your B-visa visits, make sure you have answers and documentation consistent with the requirements of B-visa. For example, B-visa does not allow you to work in the US, so do not mention the word "work" in reference to a prior visit to US on B-visa.

Be prepared to explain each visit, and the reason for the visit. The reason you give should be entirely consistent with the visa you used. For example, if you entered US in 1990-1992 on F visa, you'd better have a reason like "studied couse XYZ" from 1990-1992. Similarly, for tourist visa, business visa etc. Remember B type business visa does not allow you to work in the US. Only you can work on H or L visa.

They may grill you about the fact that you had kids in the US. They may examine your papers thoroughly. But if your papers are in order, AS FAR AS I CAN SEE, THEY HAVE NO LEGAL BASIS to reject your H1 and H4 application. Also, it's better to go together with your wife and apply for H1 and H4 together.

They WILL probably ask you how come you had your kids in the US. Have an answer ready. I think you can even be honest and say "because I love USA and I wanted them to be born as Americans" (most Americans are patriotic, so I would guess this will appeal to them). Then they'll proceed to grill you about how they can be use you'll come back, you can give honest answers that will say you will come back. BUT if they are not convinced that you'll come back, NOT A PROBLEM, they cannot deny H1/H4 soley on that basis.

As you noted correctly, using welfare IS a basis for rejecting your visa. Carry all papers showing you paid all the costs of having a baby with you. Good luck!

Remember, I'm not a lawyer. I'm just telling you my best judgement call. If you can afford it, schedule a telephone consulation with lawyer, you can usually do so for anywhere between $100-$300 with most good lawyers, for a 15-minute session. Check Rajiv's services at immigration.com
 
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