Seeking I-539 and reentry advice

[gearheadgeek 1]

My wife's daughter and 5 year old son (wife's grandson) are visiting from Ukraine since May because of the bad situation there. Their five year visas have three years left. Their I-94s expire Nov 15. Daughter needs to go back to Ukraine and finalize her divorce. She has met a nice man here and he wants to marry her. We had grandson for six months two years ago.

My questions are:

1) We want to keep grandson here until his mother returns with an I-539 extension. Is that possible? He obviously does not read and write, so who should author the the I-539? What is a reasonable reason for requesting the extension?

2) How soon can her daughter safely return to the US without getting turned back at the POE?

Thanks in advance for any advice you can give.

BTW, I never finished my timeline. Nadya has been here since 2007 and is a citizen now. These have been the best years of my life.

Carl

[canadian_wife 1,822]

A few questions

IF the son is granted an extension, what will he do? I do not believe he can attend school so how will he learn to read and write (since you state that he cannot do either)

If the son's extension is not granted, who will accompany the son back to the Ukraine?

good luck

[Boiler 45,525]

1) We want to keep grandson here until his mother returns with an I-539 extension. Is that possible? He obviously does not read and write, so who should author the the I-539? What is a reasonable reason for requesting the extension?

2) How soon can her daughter safely return to the US without getting turned back at the POE?

1. His Mother? Not sure how it works from where he is from but at 5 in the UK he would be going to School. Why is he not returning with his Mother.

2. There are no guarantees but a rule of thumb is stay out as long as you are in, at least.

[gearheadgeek 1]

A few questions

IF the son is granted an extension, what will he do? I do not believe he can attend school so how will he learn to read and write (since you state that he cannot do either)

If the son's extension is not granted, who will accompany the son back to the Ukraine?

If granted, he will continue to play and enjoy himself. He is 5, so school is premature. Maybe pre-school or day care kind of thing. Not official school.

If granted, his mother would come back to get him in maybe six weeks. Or Gramma can deliver him if necessary.

Carl

[gearheadgeek 1]

1. His Mother? Not sure how it works from where he is from but at 5 in the UK he would be going to School. Why is he not returning with his Mother.

2. There are no guarantees but a rule of thumb is stay out as long as you are in, at least.

No, five is too early here. We want to keep him here because of the situation in Ukraine. Mother will eventually return after finalizing divorce. At this point, they no longer have a home in Ukraine.

I was afraid out as long as in might be the case. If son can stay here, she has a reason to return earlier.

Carl

[Boiler 45,525]

So what is the longer term plan?

[gearheadgeek 1]

So what is the longer term plan?

Daughter needs to find an American husband, just like her mother did

[AnnaMaria 68]

That is the long term plan? Find an American husband as the solution?

Surely there are more logical ways to work on immigrating to the US other than depending on this woman to find a man for a green card?

[gearheadgeek 1]

That is the long term plan? Find an American husband as the solution?

Surely there are more logical ways to work on immigrating to the US other than depending on this woman to find a man for a green card?

If there are better ways, I would like to hear them. Daughter-in-law and son have no place to live and no source of income in Ukraine. The mafia took their business, her husband joined the neo-nazis instead of looking for another source of income and as a result they lost their flat. I filed the I-130 for them a couple years ago, but they are still ten years away from getting green cards.

Carl

[Snag 57]

To the extent of finding an "American husband" for immigration purposes only is fraud and really won't fly well with officials. You did mention she had met a nice man and they intended to get married. I'm sure you're aware that if she enters the US with the intent to marry and adjust when she's in the US on a tourist visa, that would be fraud, also.

My heart goes out to you and your wife's daughter. Not an easy situation, for sure.

Edited September 22, 2014 by Snag

[gearheadgeek 1]

To the extent of finding an "American husband" for immigration purposes only is fraud and really won't fly well with officials. You did mention she had met a nice man and they intended to get married. I'm sure you're aware that if she enters the US with the intent to marry and adjust when she's in the US on a tourist visa, that would be fraud, also.

My heart goes out to you and your wife's daughter. Not an easy situation, for sure.

Yeah, I know it is fraud, which means they would have to wait a reasonable time to make it appear less like fraud and cross their fingers. I have nothing agains the K-1 process - obviously that is how I brought my wife to the US, but that is rather difficult in this case with no place to wait and nothing to eat the time it takes for the K-1 process.

Thanks for the sympathy. It is a really ugly situation.

[Boiler 45,525]

Is there a Plan B?⛪

[gearheadgeek 1]

Is there a Plan B?⛪

Not well developed. It would involve finding her a safe place to stay in Ukraine and sending her money to live on while USCIS processes a K-1 visa.

Carl

[Teddy B 17,252]

That is the long term plan? Find an American husband as the solution?

Surely there are more logical ways to work on immigrating to the US other than depending on this woman to find a man for a green card?

Unfortunately the way the US immigration laws are set up, there really isn't a more logical way for people to immigrate here.

[Boiler 45,525]

US Immigration?

Bearing in mind her situation what other Country could she legally move to?