Hi there,
I'm going to try to explain my situation hopefully without confusing anyone.
I am a US citizen and my now husband is a German citizen. We met here in Germany and then a few months later I moved back to the US and we started the process of how to get married and bring him to the US. After figuring out that it was alot harder and took alot longer than we thought, I decided to move back to Germany to be with him. We recently came to the US to visit my sister and got married while we were there. He had a valid B1/B2 visa when we entered. We are now living back in Germany but would like to make the move to the US in the next year if possible.
So my questions are this:
Did he enter the US legally even if we knew we were going to get married before we came?
What do I have to do now to get him his Green card so we can eventually come back to live permanently in the US?
I'm also pregnant, I'm assuming that because I'm a citizen my baby will also be considered a US citizen too? Is that true if the baby is born here in Germany?
Thanks in advance for any help.

Dear Lisa:

We do not see a problem with your husband's previous entry to the US. The principal purpose for his entry was as a tourist, and he departed within the time permitted. The fact that he also married during that period of time does not change the primary purpose of his visit, and it is not illegal to get married in the US.

We would suggest that you immediately file an I-130 visa petition for him. The normal processing time is approximately one year, but that is your time frame anyway. In addition, with the new K-3 visa, he may be able to come to the US much sooner. The only thing you have to worry about is that you must have a US residence in order to file the Affidavit of Support. But you have plenty of time to establish your residence.

If your child is born outside of the US, the child will be a US citizen, provided you meet the physical presence requirements contained in Section 301 of the Immigration and Nationality Act. You can view a copy of the Act in our Immigration Research section under US Immigration Laws, Regulations, etc. Good luck.

Thank you so much for you response. I don't have any problems meeting the presence requirments in the US. I was born there and have lived there all my life except the past year and a half I have lived on and off in Germany. So I don't think I'll have any problems with my baby being a citizen.
What I am worried about though is the fact that I have to have a residence over there now. Do I have to have a residence over there to file the I130? Because now that I think about it there is a line on the form that asks "where do you intend to live in the US" I just put "unknown" for now. Is that not going to work? Should I put an address of a family member just for the paper work? And if I have to file an affadavit of support, how do I do that now from here when I'm not working? Also I'm not familiar with the new K-3 visa. Is there somewhere I could look to do some research on it?
Thanks again for your extremly helpful responses.
Lisa

Dear Lisa:

It appears that your child qualifies as a US citizen.

As to your current residence, you can file the I-130 at this time, using any residence you want. However, when it comes time to file the Affidavit of Support, (at the end of the case), you must have a US residence. For a lot of good information on the Affidavit of Support requirements, see our Immigration News page under Affidavits of Support.

As of yet, there is not much information on the new K3 visa. All there is, is contained on our Home page under LIFE Act Update. Good luck.

hi,
pls, i need your help,
i`m an african, but i live in hong kong, the woman i want to marry is an american and she is there and we want to get married in america very soon, pls what kind of visa do i need and what is the first step of getting it,
bacause we want to settle down in america,
thanks and waiting for your responce.

francis.