B-1 visa marriage, what about the children??

[josandme 6]

hypothetically.......... If someone is in the usa on a B-1 visa, with there 2 children, and they decide to marry a USC. She could apply for a change of status or must return to the country of origin and apply for visa? SECOND... If she decided to remain in usa, and later apply for status change, what happens to the status of the children, if the father in the country of origin, wants to fight against his children remaining in the usa?

She is legally divorced and has physical custody.

[Deputy Purple 1,294]

Around here Hypothetically usually means "So, I'm thinking for circumventing Immigration Law by"...

If you think you can get around needing the biological father's consent to immigrate the children by using Tourist Visas and Adjusting Status in country I wouldn't count on that but I guess we can wait to hear from someone who has taken this route.

[LIFE'SJOURNEY 970]

In the US it is called international kidnapping without the consent of the absent parent . Look up the what the charges for this would be..

Edited December 23, 2011 by LIFE'SJOURNEY

[josandme 6]

Around here Hypothetically usually means "So, I'm thinking for circumventing Immigration Law by"...

If you think you can get around needing the biological father's consent to immigrate the children by using Tourist Visas and Adjusting Status in country I wouldn't count on that but I guess we can wait to hear from someone who has taken this route.

good point, bad choice of words, but was intended only to bring attention. guess not the attention i wanted though huh.

[josandme 6]

Absolutely there is no intention of fraud. This woman is already in the usa with a b-1 visa. we are only discussing our options. thus the question, would she have to return to the country of origin. The real concern is her children. The father granted the children permission to exit the country for the B-1. This is an attempt to gain information only. not circumvent the laws. As i understand her, he would NEVER give consent for the children to relocate to the usa. If for nothing more than spite.

[Deputy Purple 1,294]

As i understand her, he would NEVER give consent for the children to relocate to the usa. If for nothing more than spite.

Then unless she can file for and get a local (to her home country) court order terminating his parental rights you will never be able to immigrate the children.

BTW, thumbs-up on not taking offense at my earlier reply. It wasn't meant to imply that's what you were doing, just point out exactly what you said (bad choice of words).

Edited December 23, 2011 by Bob 4 Anna

[LIFE'SJOURNEY 970]

Absolutely there is no intention of fraud. This woman is already in the usa with a b-1 visa. we are only discussing our options. thus the question, would she have to return to the country of origin. The real concern is her children. The father granted the children permission to exit the country for the B-1. This is an attempt to gain information only. not circumvent the laws. As i understand her, he would NEVER give consent for the children to relocate to the usa. If for nothing more than spite.

You have your answer, the father isn't willing to give up his parenting right. Looks, to be a LDR or migrate without the children.

[josandme 6]

You have your answer, the father isn't willing to give up his parenting right. Looks, to be a LDR or migrate without the children.

what is LDR?

[LIFE'SJOURNEY 970]

what is LDR?

LONG Distance Relationship

[VanessaTony 3,567]

Absolutely there is no intention of fraud. This woman is already in the usa with a b-1 visa. we are only discussing our options. thus the question, would she have to return to the country of origin. The real concern is her children. The father granted the children permission to exit the country for the B-1. This is an attempt to gain information only. not circumvent the laws. As i understand her, he would NEVER give consent for the children to relocate to the usa. If for nothing more than spite.

As Life's Journey said, its called kidnapping if she doesn't get his consent. She would need his permission to keep the kids either way UNLESS she has sole legal custody. There's a difference between legal custody and physical custody. Physical custody could mean they live with her, but he get's visitation rights (for instance people in the military who get deployed couldn't have physical custody but they don't give up their right to make choices or where she can live etc). Legal custody means she doesn't have to ask him for squat. She can live wherever and make whatever choices she wants.

I suggest you find out exactly what the custody documents say. It sounds like she just has the right for them to live with her, but that doesn't mean "anywhere she wants". Usually there are stipulations like how far away from the father.

If he doesn't usually see the kids and doesn't help with their support then she could go to court and try and fight for sole legal custody at which point she wouldn't need his permission for anything, but if he does see the children and takes part in their lives it's unlikely she would win and it would be selfish of her to take them away from their father. I would suggest that whoever her USC is move to her country of origin and live with her there. The father sounds like a reasonable person, allowing the children to travel with her, it would cause a LOT of bitterness if she tried to break that trust now. I would suggest marrying (if that's what they want) and then her returning to her home country to talk to him in person. Discussing changing the custody agreement or visitation. The problem being if he's unable to visit the US (say he can't get a visa) you're dooming him and the children to grow up without each other. Not really fair. This is one of the reasons why I want Tony to get Aussie citizenship, so that if anything ever happened we could live anywhere and not keep any children's parent from visiting each others country.

[josandme 6]

If he doesn't usually see the kids and doesn't help with their support then she could go to court and try and fight for sole legal custody at which point she wouldn't need his permission for anything, but if he does see the children and takes part in their lives it's unlikely she would win and it would be selfish of her to take them away from their father. I would suggest that whoever her USC is move to her country of origin and live with her there. The father sounds like a reasonable person, allowing the children to travel with her, it would cause a LOT of bitterness if she tried to break that trust now. I would suggest marrying (if that's what they want) and then her returning to her home country to talk to him in person. Discussing changing the custody agreement or visitation. The problem being if he's unable to visit the US (say he can't get a visa) you're dooming him and the children to grow up without each other. Not really fair. This is one of the reasons why I want Tony to get Aussie citizenship, so that if anything ever happened we could live anywhere and not keep any children's parent from visiting each others country.

From what she says, he is responsible person, and helps frequently. I have concluded from the conversation with her, His rights as a parent were not removed. But she has sole custody. He was granted VERY limited visitation, including cant keep the children even overnight. also, it appears would be IMPOSSIBLE for him to attain a visa for some past problems.

These replies are exactly why i ask the question here. For some ideas and to find options. thanks all..

[Penguin_ie 5,993]

Why not get married and have the woman and child return home? Then the newlyweds can file for a CR-1 spousal visa (and a CR-2 for the child). That will give them some 9+ months, until the visa interview, until they need the dad's permission. Engouh time for the dad to get used to the idea and visitation to be worked out, rather than presenting him with the possibility of never seeing his kid again.

[jojolicious 38]

Granting permission for the kids to visit another country for a limited period of time is definitely different from granting permission for the kids to permanently relocate to another country for an indeterminate period of time.

The fact that he is actively fathering these children, has been granted regular visitation (limited or not) and your statement that it would be impossible for him to get a visa to visit his kids if they were to immigrate lead me to believe that the most responsible route would be for the woman to go the CR-1 route.

What is of primary importance is the best welfare of the children...