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Filed: IR-2 Country: Kenya
Timeline
Posted

Hi everyone?  I hope everything is going well as per your wishes. I need adviceon how to bring my children (9 years and 7years) to the USA. They are back in my country and when we get married in February,  i would like to bring them over. Only challenge is the way forward in terms of getting approval from their biological father.  He has never wanted anything good for me and i doubt if he will even give consent for their travel. My questions are...after the wedding what process should i follow and what happens when the father doesn't give approval for their travel? Thanks in advance 

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

 

unless anything changes you won't be able to bring them here unless their father authorizes them to leave the country

 

or unless your country allows you to get a court order that will let you take them out of the country without their dad's consent

 

 

Filed: K-1 Visa Country: Philippines
Timeline
Posted
22 minutes ago, TISH ALFORD said:

Hi everyone?  I hope everything is going well as per your wishes. I need adviceon how to bring my children (9 years and 7years) to the USA. They are back in my country and when we get married in February,  i would like to bring them over. Only challenge is the way forward in terms of getting approval from their biological father.  He has never wanted anything good for me and i doubt if he will even give consent for their travel. My questions are...after the wedding what process should i follow and what happens when the father doesn't give approval for their travel? Thanks in advance 

You have 1 year from the date of your K-1 visa to bring them here on K-2.

They would need a visa so you would be required to fill out DS-160 and pay the fees for both of them.

In addition to this they would each need a medical check per the US embassy instructions.

If they are living with their biological father then you may have a tough time.

 

Jim

10/29/16....I-129F mailed to Lewisville, TX
10/31/16....Delivered at Dallas Lock Box - per USPS

11/02/16....NOA1 Date on Hard Copy Notice
11/03/16....NOA1 Text and Email. Case sent to CSC
11/07/16....NOA1 Hard Copy Received

xx/xx/xx....NOA2 Text and Email

 

Filed: IR-2 Country: Kenya
Timeline
Posted
Just now, JimJesDuma said:

You have 1 year from the date of your K-1 visa to bring them here on K-2.

They would need a visa so you would be required to fill out DS-160 and pay the fees for both of them.

In addition to this they would each need a medical check per the US embassy instructions.

If they are living with their biological father then you may have a tough time.

 

Jim

Much appreciated too for your response. I guess either way...their biological dad has to give approval.  Wow!!!! 

Posted
22 minutes ago, TISH ALFORD said:

Much appreciated too for your response. I guess either way...their biological dad has to give approval.  Wow!!!! 

Yes. They don't want people running outside of their jurisdiction and taking their kids and the having let the government let somebody run away with one of their citizen's kids..

 

I'm in no way suggesting that's what you're doing. haha I'm just saying the rule's in there for a good reason.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

 They will strictly follow the local governments rules regarding bio parents rights to the child.  Sometimes the best method is remind the other parent of the advantages of life in the US  as far as education and quality of life  You may offer large windows of visitation ( such as the whole summer )   or the fact that once they are adults they could petition the father can be inducements to the non immigrant parent.

This will not be over quickly. You will not enjoy this.

Filed: Country: Vietnam (no flag)
Timeline
Posted

If the biological father does give his consent for his children to immigrate, then you will need a Kenyan court order allowing the children to immigrate.

 

The US will not issue visas without the father's permission or a court order.  The US does not want to be in the middle of a custody fight between parents and violate international laws against parental kidnapping. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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