Non-Custodial Parent Filing for Immigrant Visa

[mango85 3]

My SIL just received an NVC invoice for an immigrant visa for her daughter. The girl's father married a woman in the U.S., and they have applied for his visa.

I know little about the visa process for children, and I have a few questions about this situation.

1. Can the non-custodial parent file for an immigrant visa? (Obviously he can...and did.)

2. I checked the NVC number online, and this is definitely for an immigrant visa for the child. I wonder if the father thinks she can get her U.S. visa and travel back and forth like a tourist. Is this fraud?

3. I know that my SIL will not let her daughter come live in the U.S. with her father and step-mother. So what's the point of an immigrant visa? Is there any advantage for the child?

The child is 10 years old. The father wants the mother to pay the $230 fee. I don't want to see her pay it and go to the interview only to find out that the child isn't eligible for this. It seems like a waste of money.

Thanks for your help!

[Ontarkie 14,229]

You don't list what Country but in most cases the custodial parent needs to consent to the permanent move to the US without a letter of consent the visa will be denied. Unless the other parent has a court order, but it could vary depending on Country.

So if she does not want her child to live in the US with the father and step mom she should not attend the interview/pay a visa fee for a visa that will be denied. The custodial parent must consent, unless a court order or if the Country laws regarding things like this vary.

An immigrant visa is for living in the US not visiting, if she was to consent to her getting the visa he could very well keep the child in the US and not send her home. As the mother would have had to consent to the visa before it was issued, basically handing custody over to the father.

Edited December 4, 2013 by Ontarkie

[mango85 3]

It's the Dominican Republic. (I thought it was on my profile, but now I see it's not.)

You said exactly what I think. I am afraid that she will pay the fee for this immigrant visa, and it will be denied by the Consulate when she says she doesn't want her daughter to live in the U.S.

Before I tell my SIL, I want to make sure that there's no way an immigrant visa could be used as a tourist visa.

Thanks for the reply.

[del-2-5-2014 1,339]

My SIL just received an NVC invoice for an immigrant visa for her daughter. The girl's father married a woman in the U.S., and they have applied for his visa.

I know little about the visa process for children, and I have a few questions about this situation.

1. Can the non-custodial parent file for an immigrant visa? (Obviously he can...and did.)

2. I checked the NVC number online, and this is definitely for an immigrant visa for the child. I wonder if the father thinks she can get her U.S. visa and travel back and forth like a tourist. Is this fraud?

3. I know that my SIL will not let her daughter come live in the U.S. with her father and step-mother. So what's the point of an immigrant visa? Is there any advantage for the child?

The child is 10 years old. The father wants the mother to pay the $230 fee. I don't want to see her pay it and go to the interview only to find out that the child isn't eligible for this. It seems like a waste of money.

Thanks for your help!

Yes there could be but it depends on the living condition for the child in the DR versus in the US.

Both parents needs to put the best interest of the child at heart.

I personally salute the Father as he did what's right. If the Mum still refuses he can then show he rin the future in the future that he tried.

Good luck to all.

[aaron2020 11,651]

My SIL just received an NVC invoice for an immigrant visa for her daughter. The girl's father married a woman in the U.S., and they have applied for his visa.

I know little about the visa process for children, and I have a few questions about this situation.

1. Can the non-custodial parent file for an immigrant visa? (Obviously he can...and did.)

2. I checked the NVC number online, and this is definitely for an immigrant visa for the child. I wonder if the father thinks she can get her U.S. visa and travel back and forth like a tourist. Is this fraud?

3. I know that my SIL will not let her daughter come live in the U.S. with her father and step-mother. So what's the point of an immigrant visa? Is there any advantage for the child?

The child is 10 years old. The father wants the mother to pay the $230 fee. I don't want to see her pay it and go to the interview only to find out that the child isn't eligible for this. It seems like a waste of money.

Thanks for your help!

1. Yes, the noncustodial father can file for a visa for his 10 years old. The US granting the visa is another thing.

2. Is is not fraud to use the green card as a "tourist visa." However, it is stupid since the green card could be revoked for abandoning residency in the US. While not fraud, abuse of the green card can cause it to be revoked.

3. The US will grant the visa to the chile ONLY IF the mother agrees to let her daughter immigrate permanently to the US or a court order allowing the child to immigrate. So, the mother must agree to let the child get an immigration visa.

BE CAREFUL. If the mother agrees to let the child immigrate, she is also agreeing to let the father have permanent sole custody. The green card means the child will be living in the US with the father in his sole custody. The mother cannot live with the child in the US so she cannot have custody. She cannot ask for her child to be sent back without a US court order.

[NigeriaorBust 4,087]

If she is against the child coming to the US she should contact the embassy and make them aware that she does NOT consent to the child leaving and that should stop the process.