Bringing Children from Ex-Wife Over, with Ex-Wife?

[MmeZeeZee 0]

Hi everyone.

My husband and I want to start the immigration process for my step-children / his bio-children, who presently reside in another country in their mom's full custody. Their mom is NOT keen on letting them come (she is suspicious, thinks we will not let them back, no point in arguing with her, we have no desire to invite them against her wishes in any case). However my husband is military and wants to make sure they get their green cards before he deploys, or at least that the process is started.

Is there any way we can somehow invite their mom (and ideally, her bio-daughter from a previous marriage, she was a widow when she married him, though that is not the top priority) with them? Even if it's on a non-immigrant visa, so she can accompany them when they enter to get their green cards, instead of them being met by their dad. These children are both under the age of twelve.

If you have any experience with this, I'd love to hear what you did and how you did it. There is no way she would let them come over before high school, or even possibly later, without her (even though my husband regularly returns to visit his family and parents etc.).

[Penguin_ie 5,997]

There is no way for her to stay; she could apply for a tourist visa, and give the reason to accompany the kids, as they are minors and probably won't be allowed to travel alone by the airlines. But it is her who'd need to apply- and show strong ties to her home country, such as job, the remaining child at home etc, and the tourist visa will get her a max of 6 months in the USA.

[Bobby+Umit 161]

I don't even understand how he would be able to get them greencards anyway - if the bio mother doesn't want them to come here, they will not be able to actually stay in the country to get the greencard.

Does he think they can come here, get a greencard, then go back to their country with the bio mother? It doesn't work like that. They would have to stay here once they get the greencard, and maintain residence here.

Sure - they could get re-entry permits to come and go - but that is open to issues also.

[Dakine 26]

Hi everyone.

My husband and I want to start the immigration process for my step-children / his bio-children, who presently reside in another country in their mom's full custody. Their mom is NOT keen on letting them come (she is suspicious, thinks we will not let them back, no point in arguing with her, we have no desire to invite them against her wishes in any case). However my husband is military and wants to make sure they get their green cards before he deploys, or at least that the process is started.

Is there any way we can somehow invite their mom (and ideally, her bio-daughter from a previous marriage, she was a widow when she married him, though that is not the top priority) with them? Even if it's on a non-immigrant visa, so she can accompany them when they enter to get their green cards, instead of them being met by their dad. These children are both under the age of twelve.

If you have any experience with this, I'd love to hear what you did and how you did it. There is no way she would let them come over before high school, or even possibly later, without her (even though my husband regularly returns to visit his family and parents etc.).

If they are his bio kids why not do a CRBA and get their USC???

What country are you talking about?

Edited September 5, 2010 by Dakine

[MmeZeeZee 0]

I don't even understand how he would be able to get them greencards anyway - if the bio mother doesn't want them to come here, they will not be able to actually stay in the country to get the greencard.

Does he think they can come here, get a greencard, then go back to their country with the bio mother? It doesn't work like that. They would have to stay here once they get the greencard, and maintain residence here.

Sure - they could get re-entry permits to come and go - but that is open to issues also.

Well my own husband came and went (as did I) for most of his conditional residence, and part of his non-conditional residence (three years or thereabouts) so I'm not sure why they couldn't do the same. They don't have to stay here, they just have to have a permanent address. They don't have to stay very long to get the card, as I recall--two weeks?

If they are his bio kids why not do a CRBA and get their USC???

What country are you talking about?

I am googling those acronyms, and I prefer to stay anonymous so I'm not disclosing the country, but suffice it to say they have an embassy and that there is a small number of applicants from there, but that it's very corrupt so most people who make it through are lying sacks.

[MmeZeeZee 0]

If they are his bio kids why not do a CRBA and get their USC???

What country are you talking about?

Okay. So... these were children born when he was not a citizen, so they cannot do a CRBA I think. To summarize: he marries a woman who has a child from a previous marriage. They have two kids. They get divorced. We meet. He becomes a resident, we have kids, he becomes a citizen. So he wants to bring over his two bio kids from that marriage, but not without their mom (they don't want to, mom doesn't agree to it).

[Ontarkie 14,581]

I think with the way every thing is now computerized the kids would have a very hard time coming and going, without losing the green cards. But something you should know that even before the kids get to the USA their mother needs to write a letter granting permission for the kids to move permanently to the USA, without that letter they would be denied at the interview in their home country. They will not grant them any visa to move to the US without the permission letter. Not sure how the kids mother would view a letter like that since you stated she does not trust her ex as it is.

[Anh map 2,098]

Okay. So... these were children born when he was not a citizen, so they cannot do a CRBA I think. To summarize: he marries a woman who has a child from a previous marriage. They have two kids. They get divorced. We meet. He becomes a resident, we have kids, he becomes a citizen. So he wants to bring over his two bio kids from that marriage, but not without their mom (they don't want to, mom doesn't agree to it).

The ex spouse has to find her own path to a green card. She can't piggy back on the kids.

And I think that Ontarkie is correct that the children would likely need the ex to give her permission (in writing) for them to emigrate to the US in order to get a visa.

[MmeZeeZee 0]

Okay, thanks. Good to hear from people who've been there. It sucks, because I was under the impression that they could invite her, but apparently not at their young age. I guess she'll just have to choose. She wants to send just one child... not really really wants to, but she's willing to. However the children do not want to be separated. I understand how she feels, on the one hand, but on the other hand, it kills my husband to know that they may never get citizenship.

"I think with the way every thing is now computerized the kids would have a very hard time coming and going, without losing the green cards."

But... at his interview, and on his papers filed for citizenship, my husband openly stated that he was only here every six months for a short period of time. It was totally allowed according to immigration. He was working in a third country and so was I. It's not that they did not know he wasn't here. They knew. It's all over his passport. It was in the computer and everything. (This was 2006 onwards.) Sorry to belabor this, but of all of the points here, I do not get this one. Who said you had to stay physically in the country the entire time? Is this a new law?

[Anh map 2,098]

USCIS page titled Maintaining Permanent Residence >> http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

As long as Green Card holder complies with the residency requirements they are ok.

[Myopia 93]

Okay, thanks. Good to hear from people who've been there. It sucks, because I was under the impression that they could invite her, but apparently not at their young age. I guess she'll just have to choose. She wants to send just one child... not really really wants to, but she's willing to. However the children do not want to be separated. I understand how she feels, on the one hand, but on the other hand, it kills my husband to know that they may never get citizenship.

Correct me if I am wrong (and I may well be) but I believe your children would fall under the Child Citizenship Act of 2000 which states that as long as the children enter the USA with a valid visa then they automatically become US citizens without the need for a naturalization ceremony etc. Im not sure if there are restrictions in the length of time that he has been a US citizen. With children born out of wedlock the father has to have been in the US for 5 years after the age of 14 to transfer citizenship to a child but on the face of it there is no reason why the children cant come here, become automatic citizens and then live with your husband and their mother.(They can go back and forth with no residency restrictions)

Best of Luck.

Child Citizen Act 2000

[Anh map 2,098]

Correct me if I am wrong (and I may well be) but I believe your children would fall under the Child Citizenship Act of 2000 which states that as long as the children enter the USA with a valid visa then they automatically become US citizens without the need for a naturalization ceremony etc. Im not sure if there are restrictions in the length of time that he has been a US citizen. With children born out of wedlock the father has to have been in the US for 5 years after the age of 14 to transfer citizenship to a child but on the face of it there is no reason why the children cant come here, become automatic citizens and then live with your husband and their mother.(They can go back and forth with no residency restrictions)

Best of Luck.

Child Citizen Act 2000

It's not automatic citizenship for the child. They must go through the process. See this page from the State Dept. website http://travel.state.gov/visa/immigrants/types/types_1312.html

Specifically the last paragraph with regard to it not being automatic.

Edited September 6, 2010 by Anh map

[MmeZeeZee 0]

It's not automatic citizenship for the child. They must go through the process. See this page from the State Dept. website http://travel.state.gov/visa/immigrants/types/types_1312.html

Specifically the last paragraph with regard to it not being automatic.

"The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant."

She is not going to give us custody at their ages, nor do we want it at this point, however in case of emergency (medical issues) we will keep this in mind... thanks!

[MmeZeeZee 0]

USCIS page titled Maintaining Permanent Residence >> http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

As long as Green Card holder complies with the residency requirements they are ok.

There you go. So they would only need to come back every 364 days and we might even be able to get a waiver.

[Myopia 93]

It's not automatic citizenship for the child. They must go through the process. See this page from the State Dept. website http://travel.state.gov/visa/immigrants/types/types_1312.html

Specifically the last paragraph with regard to it not being automatic.

Actually it is automatic. The only thing is you have to either apply for their passport as proof of citizenship and/or a certificate of naturalization.(N600)

They do not go through the same process. Thanks.