Children's dad (my ex-) does not want them to stay in the U.S

[JimVaPhuong 4,863]

Let me see if I understand this correctly. Forgive me for reading between the lines a bit...

You came to the US on a B2 visitor's visa. You filed for a divorce in the US from your Filipino husband. Because you are both Philippine nationals you cannot get your divorce recognized in the Philippines, so as far as the Philippines is concerned you are still married to your Filipino husband. You then married a US citizen and became a conditional permanent resident. So, at this point, the US government considers you to be the immigrant spouse of a US citizen, and the Philippine government considers you to be... a bigamist? Would this be why you can't go back to the Philippines to visit your kids or to get an annulment and custody of your kids?

This is a huge can of worms. The kids cannot immigrate without the permission of their father, even if your Philippine marriage were annulled. The US government won't issue them a visa without that permission, or at least you would require sole custody of the kids. The kids will need permission from the Philippine government to immigrate. Frankly, I'm not sure what they would do if they found out the visa was based on your marriage to a US citizen while you were still legally married in the Philippines.

This is a mess and I can't wrap my head around it. I'm guessing you need a lawyer in the Philippines to find a way to get your marriage annulled. After that, you can return and try to get custody of your kids.

[LIFE'SJOURNEY 970]

Thanks JIM, this is why I was hestiate to respond, there are too many un-answered questions. This is my take aswell ^^^^^^.

[Deputy Purple 1,294]

Thanks JIM, this is why I was hestiate to respond, there are too many un-answered questions. This is my take aswell ^^^^^^.

To me it sounds like the situation is even worse:

Separated from her husband in the Philippines she somehow was issued a B-2 Visa to VISIT the US.

Once here she filed for divorce from her Philippine husband, then married her US Boyfriend.

After that she Adjusted Status based on her new marriage.

Now instead of doing it the proper way she wants to use B-2 VISITOR Visas to get her kids her and AOS them, which would be Immigration Fraud.

I don't know but I just wonder if the additional petitions by her new hubby wouldn't catch someone's eye at USCIS and cause her AOS to be reexamined. I mean if a woman and her 3 kids all AOS from B-2 Visas at different times how is that not planning to us B-2 to circumvent the proper process?

Edited June 7, 2010 by Bob 4 Anna

[happywifeymom 4]

Hello, everyone. I'm new here and don't even know if this is the right place to put this thread...

I am holding a conditional permanent resident status right now and I have kids in the Philippines. The father, whom I have been separated with for more than 5 years, has been coming here in the U.S by himself and it seems like he does not want the kids to stay with me. Before leaving the Philippines, we talked and have agreed on him getting the kids their visa so they can stay in the U.S. with me. But until now, he has not made an effort of getting them visas.

He said he is planning to take them here this year to stay with me but it seems like they will only have their vacation and leave with him.

My children misses me and I miss them terribly and time seems to be flying so fast and I have been missing out on their growing years... What should I do? How can I keep them here with me when I know that he won't allow it and that he will keep their passports from me, too. I wanted everything to be civil and the kids not to see us fighting but sometimes, it's just too much. I cannot trust his words, too, so even if I talk to him and convince him that it's for the kids' interests, I don't think he even would even care because he wants this power over me and over the kids.

Please help.

File an annullment then uc an petition your kids as LPR .

[Boiler 45,913]

So you left the children 2 years ago?

[rdlpulse 0]

File an annullment then uc an petition your kids as LPR .

Thanks, happywifeymom, I think this is the best solution for me. I have been thinking about this, asking people around and this came up. But without removing the conditional status, I cannot do it as yet, which is just too bad. I could have done what Lucky couple did but I didn't even know the turn of events as it was not my primary plan. It was supposed to be a month-long stay for a business I had to deal with then it took longer.. until I am in this situation already..

As for the others, there are just too much assumption. Both of us are Filipinos. Separated for 8 years. Kids were with me until I came here 2 years ago. If I have everything detailed, especially my marriage in the Philippines, it will be a lot lot more confusing (non-existent registration of marriage, thus, no marriage)! So I won't go there anymore.

Anyway, thanks to all who gave their thoughts. This is just too frustrating.

[rdlpulse 0]

@JimVaPhuong: Forgiven.

I need to remove the conditional first, then I can visit the Philippines otherwise, I will be barred.

It was a non-existent marriage, as founded by the lawyer because it was not legally registered which we only found out when I was filing for an annulment.

Edited June 7, 2010 by rdlpulse

[Deputy Purple 1,294]

@JimVaPhuong: I need to remove the conditional first, then I can visit the Philippines otherwise, I will be barred.

It was a non-existent marriage because it was not legally registered which we only found out when I wanted to file for an annulment.

You can visit the Philippines as a Conditional Legal Resident, just don't be over there for more than 180 days. Unless you're within a few months of the Conditional Greencard expiring and even then you can travel once you have the NOA1 which extends your Greencard for 1 year.

If your "marriage" never legally existed then you have sole parental rights to the children, you might need to have their birth certificates corrected to indicate that you were not married to the father though. This means you don't need parental consent from the biological father.

Your husband can file petitions for the kids now as Immediate Relative (CR/IR-2) based on his being the step-father.

As for assumptions we've made, well with all due respect you really left a lot of gaps in the information and useful answers really do require more details than you provided.

I would caution you to not try bringing them here on B-2 Visas with the intention of in country AOS and it may raise the same assumptions I made with USCIS and could put you & your husband in jeopardy.

Edited June 7, 2010 by Bob 4 Anna

[rdlpulse 0]

You can visit the Philippines as a Conditional Legal Resident, just don't be over there for more than 180 days. Unless you're within a few months of the Conditional Greencard expiring and even then you can travel once you have the NOA1 which extends your Greencard for 1 year.

If your "marriage" never legally existed then you have sole parental rights to the children, you might need to have their birth certificates corrected to indicate that you were not married to the father though. This means you don't need parental consent from the biological father.

Your husband can file petitions for the kids now as Immediate Relative (CR/IR-2) based on his being the step-father.

As for assumptions we've made, well with all due respect you really left a lot of gaps in the information and useful answers really do require more details than you provided.

I would caution you to not try bringing them here on B-2 Visas with the intention of in country AOS and it may raise the same assumptions I made with USCIS and could put you & your husband in jeopardy.

Thanks for your input.

I should have tried to seek a lawyer's consult, in the first place, so everything would have been answered accordingly. I guess, that is what I will do. Thanks again for the suggestions.

[NVC FAN :( 18]

i can understand you wanting to be with your kids, but if im the father in PI i would do everything possible to stop this too. once the kids are in the US, what assurances does he have that you will send them and pay to send them to PI to visit him?

I am a single father raising a boy , and if my ex tryed to take him to a different country there would be hell to pay.

[justashooter 430]

US custody law is based on the principle of stability in the child's life. courts rarely order that their lives be turned upside down to accomodate the changes their parents decide to make in their own lives. phils law is prolly similar, or should be, from a psycho/socio perspective. these kids should stay in familiar surroundings and with the majority of their family, in their current schools, and remain with whichever parent is willing to make that happen.

when i divorced my first wife i "made it happen" and was awarded custody of 3 grade school aged children. the courts found their mother, who effectively abandoned them by moving 30 miles away, to be unfit for custody on this and other basis.

so you fled responsibility in phils, overstayed illegally, and have now found a sucker to legalise you and want to regain your dignity by reclaiming the children you willingly abandoned? for their sake, i wish you poor fortune. their interests weren't important to you two years ago. it was all about you. things seem not to have changed.

[justashooter 430]

i should also add: your comment that your children's father agreed that he would allow the children to immigrate with you "once you got your life in America arranged" before you left phils on a B2 visa indicates that you had deliberate and fraudulent intent for the use of the B2. now you are suggesting that you will attempt to use B2 to fraudulently immigrate your children?

you planned to immigrate to USA on a B2, overstayed illegally until you found an American to marry, and now you are asking for help in a community of people that are known to be scrupulous in their adherence to legal process. you are in the wrong forum.

[Created 6]

i should also add: your comment that your children's father agreed that he would allow the children to immigrate with you "once you got your life in America arranged" before you left phils on a B2 visa indicates that you had deliberate and fraudulent intent for the use of the B2. now you are suggesting that you will attempt to use B2 to fraudulently immigrate your children?

you planned to immigrate to USA on a B2, overstayed illegally until you found an American to marry, and now you are asking for help in a community of people that are known to be scrupulous in their adherence to legal process. you are in the wrong forum.

Whoa......you can determine all this from these posts? I commend your strength and drive to simply make it happen for your kids. You are a rare gem! I mean that sincerely.

Personally, I have compassion for OP in absense of full facts, and I'm a sucker for a hard luck story. OP I hope it works out for you, and I hope you take the advice to keep your process legal or this will turn out to by your worst nightmare!

[Fandango 1,440]

i should also add: your comment that your children's father agreed that he would allow the children to immigrate with you "once you got your life in America arranged" before you left phils on a B2 visa indicates that you had deliberate and fraudulent intent for the use of the B2. now you are suggesting that you will attempt to use B2 to fraudulently immigrate your children?

you planned to immigrate to USA on a B2, overstayed illegally until you found an American to marry, and now you are asking for help in a community of people that are known to be scrupulous in their adherence to legal process. you are in the wrong forum.

Truth hurts, but that's the facts.