US Citizen bringing divorced daughter to US.

[Liz Leija 0]

Hey fellow VJ's.

I know all of you are very helpful and are always willing to share your experience or knowledge on the subject and I thank you for that in advance.

Here is my question: My father who is an American citizen wants to petition for my sister who is Mexican and has three young kids, the eldest is 10 years old.

Here is the problem, my sister is being in the divorce process for almost 3 years now, and his ex-husband just wont sign the divorce. He is not in love with my sister, or even supports the kids; he just wants to give a hard time (he is not very nice). The lawyer says that because of his unwillingness to support the kids, and not even wanting to see them, my sister will get full custody.

Now, I have heard that even thought she has full custody of the kids, the father still has to sign a letter saying that its ok for the kids to come to the US, is this true? Can she get petitioned while in the process of divorce? or does she have to have the divorce document in order to be petioned?

Thank you very much for the help,

Liz

[TayRivers 4]

Hey fellow VJ's.

I know all of you are very helpful and are always willing to share your experience or knowledge on the subject and I thank you for that in advance.

Here is my question: My father who is an American citizen wants to petition for my sister who is Mexican and has three young kids, the eldest is 10 years old.

Here is the problem, my sister is being in the divorce process for almost 3 years now, and his ex-husband just wont sign the divorce. He is not in love with my sister, or even supports the kids; he just wants to give a hard time (he is not very nice). The lawyer says that because of his unwillingness to support the kids, and not even wanting to see them, my sister will get full custody.

Now, I have heard that even thought she has full custody of the kids, the father still has to sign a letter saying that its ok for the kids to come to the US, is this true? Can she get petitioned while in the process of divorce? or does she have to have the divorce document in order to be petioned?

Thank you very much for the help,

Liz

It will take many years for her to get a visa to come to the USA, For an unmarried child over 21 of a USC the current wait time is about 6 years and that is once the I-130 has been filed for her by the USC. She will have to be divorced before the USC can file for an unmarried child over 21.

[Mononoke28 135]

What the Mexican authorities have to say about the children being able to leave Mexico is completely separate from the Immigration process. Assuming they receive their visas in the next 5 years, the consul should be able to grant them their visas. She then would have to figure out what the Mexican authorities have to say about her taking her children with her. Two totally different things.

Diana

[Liz Leija 0]

Thank you very much for the responses.

[Chica Yeyé 41]

Liz,

Doesn't your sister have a claim to citizenship through your dad? Just a thought. Mexico didn't use to allow double citizenship; but that changed under Zedillo (he was an idiot, but got this one right).

As for the children, the Secretaria de Relaciones Exteriores will not issue passports unless there is parental consent from both parents. Without passports, there is no visa.

I wish you the best of luck.

L.

[Liz Leija 0]

Liz,

Doesn't your sister have a claim to citizenship through your dad? Just a thought. Mexico didn't use to allow double citizenship; but that changed under Zedillo (he was an idiot, but got this one right).

As for the children, the Secretaria de Relaciones Exteriores will not issue passports unless there is parental consent from both parents. Without passports, there is no visa.

I wish you the best of luck.

L.

Yeah, I have heard that about my sister claiming US citizenship; however, my dad became Citizen through naturalization. Would that matter?