Ex-spouse & children

[David and Karen 0]

maybe upon explaining the process to him, offer to not get them thier citizenship? i mean, its a compromise and honestly once you get them here, he cant stop you heh (sneaky but.... )

Is the document he is giving you for permission going to include this stipulation? If not I wouldnt stress about it, once you have the visa in your hand you are all set.

When I took my son to the consulate I just showed the seperation agreement with custoday arrangements (wife has sole custody). Thats all I needed. We dont know where my ex is day to day or how to contact him, at the time of the vsa interview we had not heard from him in 2 years......

Yeah he wanted it included in the court order granting permission. However, nothing is set yet. So I will let him know and I'm pretty sure he will withdraw that aspect. It does say unless it is required for education or medical reasons. Well duh! If they can't live in the USA beyond 90 days then I would say that affects education and medical. Ha!

As for citizenship I actually haven't even given much thought to any of us and citizenship. First hurdle is to get there. I will deal with that when it comes.

He is just being a putz.

geez, what kind of weasely game does he think he's at? Try these instead.

http://www.uscis.gov/graphics/howdoi/fiance.htm

lay some law talk on his lawyer, that ought to run the bill up...

http://tinyurl.com/qzkha

6) Adjustment of status from nonimmigrant to immigrant --

(i) [Reserved] (Removed and reserved 8/14/01; 66 FR 42587)

(ii) Nonimmigrant visa issued on or after November 10, 1986. Upon contracting a valid marriage to the petitioner within 90 days of his or her admission as a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10, 1986, the K-1 beneficiary and his or her minor children may apply for adjustment of status to lawful permanent resident under section 245 of the Act. Upon approval of the application the director shall record their lawful admission for permanent residence in accordance with that section and subject to the conditions prescribed in section 216 of the Act. (Amended 8/14/01; 66 FR 42587)

(meauxna)If the K-1/K-2 does not adjust from non-immigrant to immigrant, their stay expires after 90 days.

http://tinyurl.com/pxzgx

INA: ACT 214 - ADMISSION OF NONIMMIGRANTS

Now that is detailed! Thank you a bunch!!

[Kathryn41 3,205]

Perhaps you can approach it from another direction - ask the schools what their criteria are for allowing non-US citizens to attend school. They may require proof of valid immigration status -ie. green card - before they will enroll the children.

[Buttons 0]

Wishing you the best. Ex's are very hard to deal with. I sympathize.

[David and Karen 0]

Perhaps you can approach it from another direction - ask the schools what their criteria are for allowing non-US citizens to attend school. They may require proof of valid immigration status -ie. green card - before they will enroll the children.

I actually was looking on the school and education sites for the county and state earlier and I wasn't able to find anything. I have sent an email through to the school that the girls will attend to see what they may be able to share with me.

Thanks for the input.

Wishing you the best. Ex's are very hard to deal with. I sympathize.

I tell ya...the hoops to jump through. It sure gets tiring.

Thanks for the support.

Karen

[wally 0]

I remember another aspect of my battle to move the kids...one of my ex's arguements (he had granted permission and changed his mind) how legal it was to move the kids and the judge told him (his lawyer) the issue was the "permission" to move...it was the USA's Immigration's problem as to whether we'd be allowed to live there..they were not allowed to cloud the issue. My ex also was confused about Permanent Residence Status and Citizenship.

See if you can separate "permission" from the educational and medical and at the same time provide evidence of all the effort you and your fiance have done towards the K1/K2 and all the provisions you have in place for schooling and med. insurance...try and demonstrate ways you will settle down as a family...stability, local sports teams..etc. etc. Also, take a look at the school's calendar...try and prove how a delay may effect the girl's grades. School in my state started mid August.

At my interview, she wrote in all the petitions that I had permission to move the kids and I have sole custody.

Chin up Karen, stay strong.

[zyggy 9]

Actually... if you apply for naturalization and they are under 18 and are perm residents, they automatically get US Citizenship due to your naturalization. So you never have to actually apply for it for the kids...

And if you do not apply for permanent residency for the children as K-2's, they will be out-of-status. So you must apply for permanent residency for them if they are going to stay with you.

My contract law is a little rusty, but I don't believe that such a clause could be enforceable as it would go against the intent of the rest of the contract, which is to permit the children to live with you....

Edited September 7, 2006 by zyggy

[David and Karen 0]

I remember another aspect of my battle to move the kids...one of my ex's arguements (he had granted permission and changed his mind) how legal it was to move the kids and the judge told him (his lawyer) the issue was the "permission" to move...it was the USA's Immigration's problem as to whether we'd be allowed to live there..they were not allowed to cloud the issue. My ex also was confused about Permanent Residence Status and Citizenship.

See if you can separate "permission" from the educational and medical and at the same time provide evidence of all the effort you and your fiance have done towards the K1/K2 and all the provisions you have in place for schooling and med. insurance...try and demonstrate ways you will settle down as a family...stability, local sports teams..etc. etc. Also, take a look at the school's calendar...try and prove how a delay may effect the girl's grades. School in my state started mid August.

At my interview, she wrote in all the petitions that I had permission to move the kids and I have sole custody.

Chin up Karen, stay strong.

I'm sure it will all pan out. And I do have an active lawyer. He just happens to be away and I only picked up the reply from my ex yesterday. So I have a few things to discuss with my lawyer too. We will get it cleared up. I just needed a little guidance on where to find what I was in search of.

VJ'ers came through as always!

Actually... if you apply for naturalization and they are under 18 and are perm residents, they automatically get US Citizenship due to your naturalization. So you never have to actually apply for it for the kids...

And if you do not apply for permanent residency for the children as K-2's, they will be out-of-status. So you must apply for permanent residency for them if they are going to stay with you.

My contract law is a little rusty, but I don't believe that such a clause could be enforceable as it would go against the intent of the rest of the contract, which is to permit the children to live with you....

Yes!! That is how I see it too zyggy. That in one part he agrees and in another he doesn't but will with conditions? Grrr. He agrees and permits me to move their permanent residence to the USA but bawks at applying for permanent residency? His lawyer has strung him along for two years with unsupported information and has hung him with huge fees. You would think the ex would learn by now!

It will work out. I am confident.

Hey I remember months back when David and I had to put things on hold because it looked as though we were going to a full trial. Phew! This is a little bump in the ex agreement to settle....so I feel good!

I wasn't aware that me applying for naturalization would result in them having citizenship too. Interesting.

Wouldn't that torque the ex's screws! Yikes!

Edited September 7, 2006 by David and Karen

[Carlawarla 1]

I'm not supporting your ex in any way, however I wonder if he doesn't believe that giving them permanent residency means they're going to lose their Canadian citizenship? There are so many people, particularly in Canada I think that are don't really know the processess and terminology. You and I both know that isn't the case, but just a thought....

Carla

[wally 0]

I agree, the idea is to avoid the 'trial' for all the right reasons....cost, delay etc. etc. It is extremely important to get a clear settlement before the interview cause you are at the discretion of your interviewing officer and his/her perception of your documents. I believe your file might be reviewed previous to the interview at least I felt ours was.

I remember another aspect of my battle to move the kids...one of my ex's arguements (he had granted permission and changed his mind) how legal it was to move the kids and the judge told him (his lawyer) the issue was the "permission" to move...it was the USA's Immigration's problem as to whether we'd be allowed to live there..they were not allowed to cloud the issue. My ex also was confused about Permanent Residence Status and Citizenship.

See if you can separate "permission" from the educational and medical and at the same time provide evidence of all the effort you and your fiance have done towards the K1/K2 and all the provisions you have in place for schooling and med. insurance...try and demonstrate ways you will settle down as a family...stability, local sports teams..etc. etc. Also, take a look at the school's calendar...try and prove how a delay may effect the girl's grades. School in my state started mid August.

At my interview, she wrote in all the petitions that I had permission to move the kids and I have sole custody.

Chin up Karen, stay strong.

I'm sure it will all pan out. And I do have an active lawyer. He just happens to be away and I only picked up the reply from my ex yesterday. So I have a few things to discuss with my lawyer too. We will get it cleared up. I just needed a little guidance on where to find what I was in search of.

VJ'ers came through as always!

Actually... if you apply for naturalization and they are under 18 and are perm residents, they automatically get US Citizenship due to your naturalization. So you never have to actually apply for it for the kids...

And if you do not apply for permanent residency for the children as K-2's, they will be out-of-status. So you must apply for permanent residency for them if they are going to stay with you.

My contract law is a little rusty, but I don't believe that such a clause could be enforceable as it would go against the intent of the rest of the contract, which is to permit the children to live with you....

Yes!! That is how I see it too zyggy. That in one part he agrees and in another he doesn't but will with conditions? Grrr. He agrees and permits me to move their permanent residence to the USA but bawks at applying for permanent residency? His lawyer has strung him along for two years with unsupported information and has hung him with huge fees. You would think the ex would learn by now!

It will work out. I am confident.

Hey I remember months back when David and I had to put things on hold because it looked as though we were going to a full trial. Phew! This is a little bump in the ex agreement to settle....so I feel good!

I wasn't aware that me applying for naturalization would result in them having citizenship too. Interesting.

Wouldn't that torque the ex's screws! Yikes!

[David and Karen 0]

I'm not supporting your ex in any way, however I wonder if he doesn't believe that giving them permanent residency means they're going to lose their Canadian citizenship? There are so many people, particularly in Canada I think that are don't really know the processess and terminology. You and I both know that isn't the case, but just a thought....

Carla

Carla I think you are 100% on it. I really think that he is sure if they have permanent residency that they are then considered Americans. I have in the past discussed with him that citizenship wasn't even a consideration now and couldn't be for years.

But I agree. I am sure he thinks they are giving up their citizenship. Which as you said....we know isn't the case.

I will have to try again to educate him on the process and details.

[raymaga 25]

Educating your ex is going to be key to your success.

Your children can have dual citizenship (Canadian and U.S.), so they would never have to give up their Canadian citizenship, even if they do get their U.S. citizenship. That may make your ex happier.

Good luck with the rest of the process and hopefully, he will see that his request is unreasonable and that the children can return to Canada to see him once they have their GC's (or AP if you decide to apply for it).

Best wishes.

[David and Karen 0]

Educating your ex is going to be key to your success.

Your children can have dual citizenship (Canadian and U.S.), so they would never have to give up their Canadian citizenship, even if they do get their U.S. citizenship. That may make your ex happier.

Good luck with the rest of the process and hopefully, he will see that his request is unreasonable and that the children can return to Canada to see him once they have their GC's (or AP if you decide to apply for it).

Best wishes.

Speaking of AP. I can apply for that as soon as I move right? I will want to be free to travel for myself and the girls back to Canada ASAP. I have an aging mother and the girls have their father in Canada so I want to be prepared for travel anytime there is a need.

I'm thinking it'll take months to be able to travel back to Canada?

[Carlawarla 1]

You're correct! Apply for it as soon as you're married. I think it's a fairly quick process. I'm in the same boat. I'm leaving two young adult children here (they're on their own already), and my parents are in Ontario and are 85 years old. I want to be able to get back here not too long after I move to the USA.

Good luck with the ex! And for your interview! I'll be in Toronto without the internet until the 25th, so I hope I come back to seeing your Visa approval.

Carla

[meauxna 15]

Speaking of AP. I can apply for that as soon as I move right? I will want to be free to travel for myself and the girls back to Canada ASAP. I have an aging mother and the girls have their father in Canada so I want to be prepared for travel anytime there is a need.

I'm thinking it'll take months to be able to travel back to Canada?

Karen, you can not apply for AP until you are applying for AOS. You can't apply for AOS until after you are married. It takes 2-3 months to get the AP after applying.

Make sure you're aware of your contigency plan if you feel compelled to leave without it--it can take close to a year to come back.

Edited September 7, 2006 by meauxna

[CutienPurg 0]

I'm not supporting your ex in any way, however I wonder if he doesn't believe that giving them permanent residency means they're going to lose their Canadian citizenship? There are so many people, particularly in Canada I think that are don't really know the processess and terminology. You and I both know that isn't the case, but just a thought....

Carla

Carla I think you are 100% on it. I really think that he is sure if they have permanent residency that they are then considered Americans. I have in the past discussed with him that citizenship wasn't even a consideration now and couldn't be for years.

But I agree. I am sure he thinks they are giving up their citizenship. Which as you said....we know isn't the case.

I will have to try again to educate him on the process and details.

Just a thought....

Often times ex spouses dont want to hear what we have to say and think we're trying to " blow smoke up their ###" to get our way. Is it possible to educate his lawyer, to a degree, as to your intent and the process and he can hopefully pass that info and knowledge onto your ex? Maybe hearing it from someone he respects ,trusts and believes to have his best interest in mind would help him make a reasonable choice.

I havent read through this entire topic so if this has been discussed already, my apologies for repeating.