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Nicaraguan Baby- American Father, Nicaraguan Mother

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duckshel
  5/30/2015 17:49 EST

I am looking for information on how to handle the situation I am about to be in. I have lived in Nicaragua for the past three years and own a Condo (Since 2012 ) in San Juan Del Sur and have been in a relationship with my girlfriend for over 3 years. I found out a few months ago she is pregnant with my child and decided to come back to the States to work so I can provide better life for my child. The baby will be born next month and my ideal dream would be to bring the baby and the Mother to the United States with me after the baby is born. I would like to try and get a Visa for the mother to come back with me to the States and not get Married, but I am weighing my options now. I know what I need to do after the baby is born to get her an American Passport and would like to have the baby and the Mother to accompany me in Virginia. Is this possible without getting married? I would appreciate if anyone knows how to handle this situation.

Thank you

ricktee
  5/30/2015 20:06 EST

One option is to adopt your girl friend.

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elduendegrande
  5/30/2015 20:41 EST

Do a prenup in Virginia and get married.
You don't have to worry about the condo in sjds because if she lived with you for 2 years it is already half hers.

Michaelweb710
  5/31/2015 11:29 EST

I am an American father, married to a Nica, we met in SJDS in October 2012. . . I looked into my options of bringing her to the States as my girlfriend. . . Your only shot in the dark is a tourist visa, which about 99% get denied, and you have to wait a year before applying again for any other type of visa. . . In hindsight, we should have done the Fiance Visa, because it would have been a lot faster (4-6 months). . . but we actually got married down there, in Managua, August 2013 and then went for the Marriage - permanent resident - Visa. . . (You can find all the numbers of these online, I forget what they are.) The Marriage visa took us from when we got married in August 2013 until December 2014, so 1 year and 4 months, until she was able to come to the US, so I was commuting back and forth during that time, 1 month here, 1 month there. She got her SS card very quickly, but her Green card, Permanent resident card, didnt come until about one week ago. She had a one year old daughter when we met, who is now my daughter and is 4, who I thought once we got mom here, our girl could come to the US no problems. . . NOT the case. We are now waiting for our daughter`s visa, the same way we waited for my wife`s. It is going a little bit faster, because she`s on priority as a minor, but we started in January, and it looks like we MIGHT be able to bring her here by October-November, fingers crossed. For now shes staying with grandma in Nica.

Since its probly too late to get your girl here before she has the baby, I would say do the Fiance visa, which gives you 90 days to get married in the States, but at least it gets her here. You have to jump through more hoops when you get here, but it will be faster. Any questions contact me directly at [email protected].

KeyWestPirate
  5/31/2015 13:27 EST

Does this apply ( "condo is half hers ...") even if the relationship commenced AFTER the condo was purchased?

What about other property, assets, held prior to the relationship?

How does the child fit into all this and does it matter if the child is indeed yours?

These questions do not apply to our poster'session situation but are of general interest.

Do you have a support requirement based on the common law relationship even if you are not the father?

I have a friend who was approached by his Nica novia with the joyful news of his impending fatherhood. He had a vasectomy so chances of his being the padre were similar to winning and collecting on one of those ubiquitous lottery tickets.

G. didn't have the two years invested and his problem went away when he explained his condition to his sweetheart. He moved on successfully.

But I've heard the Nicaragua Ley de Mujer has been changed to where fatherhood is an EENIE, MEENEE, MINY, MO choice for the mother. WITH a hard uphill struggle if you happen to be MO.



Of course, there are plenty of guys in the US paying child support for children who are not theirs. Seems to depend on the state.

Plenty of guys NOT paying child support for their children but that's another topic.

duckshel
  5/31/2015 14:44 EST

Actually I was smart and put the Condos name in my brother's name when I purchased it , so technically I paid for it but it is my brother's name on the Deed and Title, I knew this could possible happen before buying it and she knows she can't touch my condo

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atz111
  5/31/2015 15:30 EST

How nice you trust her so much to go into this with a false title, etc. Says a lot about the relationship....yes it do, although toy will protest.

She gets half a decent lawyer and that is worthless. Does not matter if you bought before you banged her or whatever. Or that it is falsely registered....I can prove that in a minute. If she wants, she gets1/2 and you be lucky not more.

You better hope her brain is not bigger than her tits.

KeyWestPirate
  5/31/2015 15:42 EST

SO,,,

Two years is the magic number here?

Change your underwear and your GF every two years - - - -and you're golden :)


Sounds like the novia might already have a good lawyer.

Reminds me of that line from the Dutchess and the Dirtwater Fox where Goldie Hawn is telling the Fox why she's marrying the fat, old, Mormon guy:

"One day on and six days off . . ."

duckshel
  5/31/2015 16:04 EST

#1- Its not falsely titled. I owned a business I recently sold and while I was living there for 3 years I put everything I owned in someone else name in my family so no one could take anything from me. As far as on paper I was just an employee of my business and my condo I was renting from my brother..... This is not the answers I was looking for and she is not trying to take anything from me.......We are just trying to figure out to get her here after the baby is born. I appreciate you trying to disect it farther then it needs to be looked at

KeyWestPirate
  5/31/2015 18:26 EST

Sorry for hijacking your post.

I have a similar situation too. Offered to help a young friend who wanted to get to the US.

We were turned down last year for a tourist visa. She's now 2+ month pregnant. Not my child. Really stupid and old enough to know better.

I'd still like to help her but clock is ticking.

Have you talked to the embassy? Your sincerity shows. I'd get there really early if you apply as I have a gut feel that they have a magic number they let slide. I know of one that I would have said NO WAY. Very young girl, older guy. Not married.

Appointment time does not matter. You're seen in order of arrival. A line forms early.

There's a guy down the street go right as you face embassy entrance. He was very helpful. He "packages" the visa application. It's still a crap shoot.


Keep us posted. Despite the raw cynicism posted there is a lot of interest.

elduendegrande
  6/1/2015 12:07 EST

Duckshel, you are in luck! Its called the American Dream!

Here's how it works . You move to Los Angeles. MediCal (not to be confused with Medicare) will pay the medical costs of having the baby. The baby will be American by birth avoiding any further paperwork, and they will give her a social security number and probably a Democratic Party registration at birth. If you come up with a novia visa, you can opt on your Californicator Wedding License to assume your wife's Hispanic last name, thus entitling you for all kinds of preferential treatment. Again, no additional paperwork Mother Govmint does it all for you! Same same the baby's last name, white is out, go for the gold..

Stick around a few years until the kid has a cush govmint job and then retire to Nic. and have the kid send you remittances.

Note: this supersedes any and all previous versions of the American Dream, which are now null and void.

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KeyWestPirate
  6/1/2015 17:19 EST

Are you back in Nicaragua or still living the good life?

Tell your house sitter to move the mop from the front door. It's been there a month dead giveaway.

I've been thinking of robbing the house myself

elduendegrande
  6/2/2015 09:53 EST

desorden, desorden, the broom is supposed to be by the front door.

KeyWestPirate
  6/2/2015 09:57 EST

The dogs are still doing yeoman duty for you.

Can't get near the fence.

elduendegrande
  6/2/2015 10:00 EST

The American Dream, continued:

1) Work 10 years to get vested in Social Security and Medicare before you retire to the finca. You don't have to work 40 years like those other rubes.

2) Always remember in your heart of hearts that anyone who doesn't like your version of the American Dream is a racist. If anyone disagrees with you, demand a new law to punish them at somebody else's expense.

EcuadorDean
  6/2/2015 11:57 EST

You should have had a co-habitation agreement made before you moved her in. Why you would not want to marry the mother of your child is very odd. There is a saying, 'Why buy a cow when there is so much free milk available'. maybe this applies in many cases in Nicaragua!

duckshel
  6/2/2015 12:28 EST

#1 she has not lived with me , #2 you are digging in way to deep to the situation, I asked helped in the situation I am in and asked for suggestions. I'm not asking you to treat me like I'm your son. Thanks

mapper55
  6/2/2015 13:14 EST

Try not to take the trolls too seriously.

I married a Nicaraguan but I can't say our situation is remotely similar to yours. There have been a couple of similar posts but I didn't see an actual resolution in any of those cases.

I can tell you that getting a
Visa for anyone short of 'your wife' is going to be very difficult, especially if she is very pregnant. The entire Visa process in Nicaragua appears to be driven by a desire to keep all but well connected Nicaraguans out of the US.

People are not joking when they say that 99% of Visa applications are turned down. We have tried to bring several family members here on tourist Visas only to have them denied at a cost of $160 a pop.

In any event, the US Embassy in Managua lists the processing time for a Fiancee or Foreign Spouse Visa at 6 to 12 months. If you really want your child to have American Citizenship, you may have to marry your girlfriend in Nicaragua, then go through the Foreign Spouse and Minor Child Visa route and finish the job in the states. By the way, that's two applications ($320) and that's just the beginning. The entire process will not be fast and will not be cheap.

Good Luck.

KeyWestPirate
  6/2/2015 13:15 EST

I thought the saying was
"Why buy a cow when you can rent one"?

Of course there are a lot of good reasons. You don't have to share the milk,, it's all yours (although attitudes in Nicaragua make that problematic).

If you drink a lot of milk it can get expensive.

You could extrapolate the reasoning to a house. The improvements you make are yours. You can paint it any color you please. It's there when you grow old.

KeyWestPirate
  6/2/2015 13:29 EST

Always nice to have solid information.

This topic is hard NOT to kid about a bit.
Three months ago you could have gone Mojado to the US. Not that hard if you know what you are doing.

Now it's much harder and more dangerous for mother and baby. Once she's there and gives birth she's in to stay.

No benefits for illegals but the baby is a US citizen. He can't be deported and someone has to take care of him.

elduendegrande
  6/2/2015 16:16 EST

Back to basics--
when the baby is born he is a US citizen the minute he takes his first breath(born abroad to 1 US parent). That's easy, the consulate will fix you up with the paperwork.

Bringing him to the US is no problem, he is an American. Getting the mother to sign off may be a problem, you can't generally travel with out the other parent's approval.

If you had a longterm relationship with the woman and you lived together and you claimed the baby as your own, you would have a fair shot at getting her a limited (short visits for 2 years) tourist visa to visit your relatives or whatever.

The consulate does shoot down a high percentage of tourist visa apps because a high percentage are fraudulent, it comes with the territory.

I have a friend you married somebody in the US and was given a temporary visa as a dependent of her husband. When his visa expired her visa also expired.

You might shop the immigration website to see if anything fits, but mostly it looks like she would be a short term tourist at best or you get married and do the green card thing.

this following comment may or not apply to you, but seeing this and some other posts I can't help but put in a reminding to put it in a pigskin. Many Nic women get pregnant very easy compared to foreign women you may have know.

duckshel
  6/2/2015 16:40 EST

I appreciate the message. That was a lot help. Thank you

mapper55
  6/3/2015 17:07 EST

Elduendegrande is absolutely correct, but from a practical point of view I would think the Embassy would expect paperwork to back up the claim. The father's name on the birth certificate, etc. Probably not an issue, but a consideration.

letitsoak
  6/4/2015 09:57 EST

Try this link. It explains what you need to do and what forms to complete for U.S. citizenship.




http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

elduendegrande
  6/4/2015 09:58 EST

Yes, the US consulate is very aware of the nature of Nic. society.

There are conservative Catholics and evangelicals here who take marriage and family seriously and there are 'indios' who have babies and dump and run, and every combination in between. As anywhere, a track record of employment, property ownership, and active involvement in taking care of one's children is the best indication of future success.

Every once in a while I seem to find people who have some concept of romantic love/monogamist marriage/working for a better future/ etc., but it is not common. The battle of the sexes is alive and well in Nic. and with a ferocity that I think few foreigners can understand.

Itsamindtrip
  6/8/2015 16:57 EST

Just an FYI, do NOT take the advice of the poster telling you to get the fiance visa and her not returning. Virginia is not an INS friendly state as it is and goes after illegals there aggressively.
ONLY do the fiance visa if you intend to really marry her before the 90 days is up. If not, she needs to return to Nicaragua.
If you do not do the finace route ... once the baby is born, apply for the birth abroad certificate and get baby's passport. Then apply for a 10 year tourist visa for the girlfriend. To make her chances stronger of getting it, have your house put in both your names - showing she has property. Make sure she has a bank account with at least $2000 in it too. (it can be a co-account ... which makes a stronger case for you.)
Once you have her in the US if you get the visa, start the process for her to stay. The VA office of immigration is a PITA to deal with but unfortunately the Baltimore office (which is much better) is out of your jurisdiction - unless you switch your residency to MD. Hope that helps.

KeyWestPirate
  6/10/2015 11:15 EST

Of couse, if you could get the mother/baby to the US mojado and she drops the baby there, the pair would be "not-deportable".

Baby because its a US citizen and mother because someone has to take care of the baby.

There's a bus from Huitxla to Nogales, Mexico, 3 days, $99, and its relatively easy to get across the border. Much tougher to pass the zone north of the border.

There is a guy who hangs around the ticket vendor's office selling a Mexican visa that will work for the bus trip, same price as the bus ticket.

But, she just has to get to Nogales, Arizona,,, doesn't have to get any farther than that,,, find a hospital when she goes into labor, and as MJ says VOILA!

MJ doesn't really say that, just threw that it in. I'm not suggessting anyone break the law, God forbid, just pointing out another possibility.

ownnicaraguarealestate
  6/14/2015 09:00 EST

did you ever consider to get married in Nicaragua, you apply for Residency, and try and grow a business there, forget the U.S. form a Corp. and live in Nica

ownnicaraguarealestate
  6/14/2015 09:00 EST

did you ever consider to get married in Nicaragua, you apply for Residency, and try and grow a business there, forget the U.S. form a Corp. and live in Nica

atz111
  6/14/2015 11:16 EST

spoken like a real "come to nice and be happy forever" hustler…

let's see…form a corporation and start a business and support yourself…just that easy , huh?

the guy asked for advice in getting his honey into the states…and you come tab this with this solution…goofy

KeyWestPirate
  6/14/2015 11:22 EST

Get residency first. Simpler. Less income to qualify. Being married to a Nica doesn't facilitate the process, just adds another layer of complexity.

Get a blood test to determine paternity. I'm not trying be insulting. Just the way it is here. Paternity testing is rare and expensive here.

Women here have learned to point the finger at likeliest source of support -'-or at their current partner if it avoids a beating.

Before you make plans to send the kid to Stanford you should be sure he's not 50% the product of a local taxi driver.

windshadow
  7/15/2015 05:38 EST

ducshel,
It can be a hassle to get everything straight but it is totally doable.
You might as well get a DNA test done as soon as the baby is born. You will need this before the USA will give the child citizenship.
There is a special procedure in place for this that will satisfy the governments requirements. Once a citizen, the child will be eligible for a Social Security refund of all his/her expenses up to a certain amount. We may be naive but the government is not. It is a requirement now due to the many fraudulent claims of parentage.
Once you have determined the parentage you can make a decision on whether to relinquish your freedom and get married.
Once married to the mother of your child, it is easy to get a green card for her to move to the USA if that is what you want to do.
I think your next calls should be to your lawyer and then the embassy.
Don't be surprised if the child is not yours. Happens all the time. Just be prepared mentally for the outcome, pro or con so that emotionally you are not caught off guard.

airportxmanaguahotel
  7/29/2015 00:10 EST

1. You could attempt to obtain a B1/B2 visitor visa (40% chance of her getting it) and then file an adjustment of status (I130 and I485) after you are married. She can then apply for advanced parole if she needs to leave the US and her permanent residency hasn't yet been adjudicated. We disagree with the poster that said 99% of B1/B2 visas are denied. If the B1/B2 is denied, it will have no effect on the permanent residency visa.

2. You could apply for the fiancee visa if you plan on getting married within 90 days of her entering the US. See http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

3. If option 1 or 2 won't fit your plans, then you must marry in Nicaragua and then apply for the residency using I-130.

Note: If you try option 1, advise the consular officer that she is your baby's mother (or will be) but right now you are only interested in her visiting the United States and do not plan on being a resident. (After all, permanent residency is for people staying 181 days or more in the United States and residency applications have been denied with instructions to obtain a B1/B2 because the American plans on staying in Nicaragua and only staying in the US for a couple months per year).

mikee2
  7/29/2015 11:47 EST

I like that, "send to Stanford", I always get a kick seeing some street bum wearing a college shirt like Stanford or USC. If only those alumni could see what their future holds, hahaha.

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