divorced Uk citizen with a child and an American Fiancee

[anne2012 0]

Hi

I would appreciate any advice anyone can give me. Here is my background I am engaged to a US citizen, I am Scottish with a son who from a previous marriage who I will take to the US if our I-129F application is approved. Do I need any documents from my ex husband for me to take my child with me on this application or on the next application I-130.

Also does anyone know how long the I-129 application takes, and if and when approved can my son attend school in the US when we are in the US for 90 days.

kind regards

Anne

[VanessaTony 3,567]

You won't be filing an i-130 when you get here. You'll be filing an I-485 to adjust your status.

You will need either a letter from your ex giving you permission to take your child, or custody orders from the court giving you sole physical custody (and no traveling restrictions).

[Nich-Nick 3,354]

Hi

I would appreciate any advice anyone can give me. Here is my background I am engaged to a US citizen, I am Scottish with a son who from a previous marriage who I will take to the US if our I-129F application is approved. Do I need any documents from my ex husband for me to take my child with me on this application or on the next application I-130.

Also does anyone know how long the I-129 application takes, and if and when approved can my son attend school in the US when we are in the US for 90 days.

kind regards

Anne

What Vanessa said plus London has previously asked people for a more formal letter witnessed by a solicitor, who co-signs. (Much like a notary would do in the US.)

[anne2012 0]

You won't be filing an i-130 when you get here. You'll be filing an I-485 to adjust your status.

You will need either a letter from your ex giving you permission to take your child, or custody orders from the court giving you sole physical custody (and no traveling restrictions).

thank you so much for your answer this has been most helpful, spoke to Ex and he has agreed to a letter

[anne2012 0]

What Vanessa said plus London has previously asked people for a more formal letter witnessed by a solicitor, who co-signs. (Much like a notary would do in the US.)

thank you so much Nich-Nick this has been most helpful.

can you help further, I understand that if and when my fiancee visa is issued, we have 90 days to get married, which we will do and then we apply for another kind of visa for my son and I to stay in the US with my husband, when the 90 days expires do I have to come back to the UK with my son whilst we wait for this to be approved?

Anne

[VanessaTony 3,567]

thank you so much Nich-Nick this has been most helpful.

can you help further, I understand that if and when my fiancee visa is issued, we have 90 days to get married, which we will do and then we apply for another kind of visa for my son and I to stay in the US with my husband, when the 90 days expires do I have to come back to the UK with my son whilst we wait for this to be approved?

Anne

No you don't apply for another kind of visa. You apply for your greencard for yourself and your son. You remain in the US, you CANNOT LEAVE (until you get the greencard) or you abandon the process. This process is called "adjustment of status".

There is a thread in my signature that should help you.

[anne2012 0]

No you don't apply for another kind of visa. You apply for your greencard for yourself and your son. You remain in the US, you CANNOT LEAVE (until you get the greencard) or you abandon the process. This process is called "adjustment of status".

There is a thread in my signature that should help you.

thank you is this this I-485 form that we complete? for the greencard?

[VanessaTony 3,567]

thank you is this this I-485 form that we complete? for the greencard?

Yes. Please read this thread: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/ it will tell you everything you need to do, except for your K2 son... it will at least give you an idea of what's coming though.

When you are issued the visas yuo have 6 months to come to the US, and then 90 days to marry.