Adjustment of Status from Visa Waiver w/child and other related questions

[belinda63 3,038]

All I can say is that in the US no matter what a parent does it takes a separate legal action to terminate their rights to the child. Even if (in the US) a parent has abused the child to the point of almost death and has had no contact with them for 17 years without a court order they still have rights to the child. Not trying to create problems but what if the mother does go straight and decides she wants to see the child? It would be best to investigate the legal status of the child in regards to the laws of the country the custody order was given, something I have no knowledge of.

[JimVaPhuong 4,863]

Also, the so called mother in question has not been in the picture for over 5 years! Like no one even knows where she is. It would near impossible to get any kind of statement or permission from her. She doesn't want these children! She made zero attempts to appeal the decisions made about them zero! I'm pretty sure she was happy to be rid of them. What about when people adopt abandoned children from other countries do they have to go seeking the natural parents?? Also, I mean if it's an issue of abduction across borders or whatever, wouldn't thean in question have to have permission to bring the child over in the first place?

I don't doubt the facts, and I don't think an IO is going to doubt them either. However, what they need is an unequivocal statement that the non-custodial parent's rights have been revoked, and that the custodial parent has the absolute right to immigrate with the child. If that's clear from reading the court order then they would probably accept it.

Adoptions have to conform to the laws of the country where the adoption took place. If the country is a signatory to the 2008 Hague Adoption Convention then the adoption must conform to the Hague convention or it won't be recognized in the US. The Hague convention dealt with the question of natural parent's rights extensively.

Permission to travel abroad and permission to immigrate are not the same thing.

[charlienlaura10 0]

Well I think everyone here was referring to the child that's already in the US.

Also I'd like to point out that there's no need to get upset about anything, people here are trying to help to their knowledge, if you think you know everything already and you're positive that this hypothetical case would be approved cause the mother has disappeared then tell this hypothetical couple to just go ahead and file and don't listen to what nice people are saying to help the case.

Who's getting upset? LOL, if you are referring to me, I'm not quite sure what you mean? I simply added some very important details. I haven't even given my opinion about anything in terms of if I think something will work or not, Im not sure what gave you that impression. I think you are the one getting upset.

[charlienlaura10 0]

Well I think everyone here was referring to the child that's already in the US.

Also I'd like to point out that there's no need to get upset about anything, people here are trying to help to their knowledge, if you think you know everything already and you're positive that this hypothetical case would be approved cause the mother has disappeared then tell this hypothetical couple to just go ahead and file and don't listen to what nice people are saying to help the case.

Also, I think your last part is a bit rude and uncalled for.

[USUY2010 4]

I'm really sorry if I came across rude. I just think there's people here who are giving you sound advice on this case you presented and you don't seem to be taking it.

I'm truly sorry if I offended you or upset you with my comment, I'll stay out of the discussion.

I hope this story you presented whether true or hypothetical has its happy ending.

[charlienlaura10 0]

I'm really sorry if I came across rude. I just think there's people here who are giving you sound advice on this case you presented and you don't seem to be taking it.

I'm truly sorry if I offended you or upset you with my comment, I'll stay out of the discussion.

I hope this story you presented whether true or hypothetical has its happy ending.

For the record I wasnt not taking any advice, I just wanted to be clear on the circumstances, because if you read the some of the posts you might notice that some of them are based on assumptions rather than important details thats all. I'm looking for factual answers not opinions. Nothing wrong with me questioning the advice, doesnt mean denouncing it in anyway.

[charlienlaura10 0]

I would recommend a lawyer CharlieandLaura, either that or getting married and filing for CR1. As people repeatedly said I don't know which state you're at but were I am I can't go to state college until I get a Greencard and it's pretty boring, also I can't work or drive. So this hypothetical woman would be supporting a child and a husband (above poverty line) for a good amount of months while the paperwork is filed and you get an interview and such, not to mention that there'd be another child living in a different country.

I guess every person has a reason to do things the way the do them, so this kind of decisions are very personal, but I'd be thinking a lot about the children. Other than that as everyone here said. The wife should file I-130 for husband and one for the child, husband would want to file I-485 together with working permit.

Im sorry, I was noticing your post in another topic and I was wondering. How are you doing it? Did you come on a visit and get married and now you are applying to Adjust?

If so, and only if so, why are you advising me to have this person leave and file a CR1. Why is it ok for you and not for us? And before you think I am being hostile or anything, I am not. I think its a fair question.

[belinda63 3,038]

It is all about intent. If you came to the US on a NON-immigrant visa with the INTENT to remain this is fraud. If, compounding the problem, you made a false statement at any time during the visa application/interview process or at the POE this is misrepresentation which could incur a life-time ban. If you came with the intent to visit and leave and then changed your mind this is not fraud as there was no INTENT to circumvent the immigration laws.

Each situation is unique and we are trying to advise you based upon the information we have. One child in the US and it being unknown under UK laws if this child will need some form of letter from the other parent or court to legally immigrate to the US. Another child in the UK separated from the parent who will have to wait and process through the immigration system.

It sounds like there are some loose ends that need to be wrapped up in the UK which would make a CR-1 visa more advisable.